From gars@speakeasy.org Wed Nov 7 01:11:00 2001 Date: 7 Nov 2001 02:12:57 -0000 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews09.045 WOTANGING IKCHE -- Lakota -- Common News Kanoheda Aniyvwiya -- Cherokee -- Journal of the People Otapi'sin Atsinikiisinaakssin -- Blackfeet -- News for All the People Es'te Opunvk'vmucvse -- Creek -- People's New News Aunchemokauhettittea -- Naragansett -- Let Us Share News Ni-mah-mi-kwa-zoo-min -- Ojibwe -- We Are Talking About Ourselves Ha-Sah-Sliltha -- Ditidaht Nation -- News of the People Un Chota -- Susquehannic Seneca -- The People Speak Ximopanolti tehuatzin, inin Mexika tlahtolli -- Nahuatl -- For you we offer these words It-hah-pe-hah Ah-num pah-le -- Chickasaw -- Together We Are Talking Sho-da-ku-ye -- Teehahnahmah -- Talking Birchbark Native American News -- Language of the Occupation Forces ==>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 O +-----------------------------+ O o O | Much more happens in Indian | O o O VOLUME 09, ISSUE 045 | Country than is reported in | O o o o o O | this weekly newsletter. For | O o O November 10, 2001 | For daily updates & events | O o O | go http://www.owlstar.com/ | O | dailyheadlines.htm | Mvskogee iholi/frost moon +-----------------------------+ Blackfeet iitaohkohtao'p/moon when one gathers wood <================<<<< >>>>================> This issue contains articles from www.pechanga.net; www.owlstar.com; www.indianz.com; ndn-aim, Big Mountain, GA-NATIVEAMERICANS-L and LPDC 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.'" "...resistance against neoliberalism does not only exist in the mountains of the Mexican Southeast. In other parts of Mexico, in Latin America, in the United States and Canada, in the Europe of the Treaty of Maastricht, in Africa, in Asia, in Oceania, pockets of resistance multiply. Each one of them has its own history, its own differences, equalities, demands, struggles, and accomplishments. If humanity still has a hope of survival, of improvement, that hope is in the pockets filled with the excluded ones, the leftovers, the ones who are disposable.... There are as many shapes as there are resistances, and as many worlds as there are in the world. So draw the shape you prefer. As far as this thing about pockets goes, they are as rich in diversity as the shapes resistance takes. " __ Subcommandante Marcos, Maya and Zapatista leader +- -- -- -- -- -- -- -- -- -- -- -+ | 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! Some things just never change. The dominant society does a LOT of hand wringing and issues a lot of flowery words; but when it comes down to genuine action everything goes back to square one. "Square one" is the one that says Native Peoples are inadequate to the task of managing their own affairs and if "you Indians don't do as you're told, I'll do what I can to put you in a smaller box." Removing recognition from existing nations is one way to spank errant tribes. Another is to simply remove privileges or options available to the tribes. A recent example of this is when Indian Affairs Minister Robert Nault got his feelings all out of joint because Canadian Aboriginal leaders dared to tell him health and education were greater priorities than his personal answer to the "Indian Question", the Institute for Self-Governance. Did Minister Nault respond by attempting to understand and improve health and education issues for the First Nations? No, of course not! In a pique, he closed the Institute for Self-Governance. In other words, "If you don't want to play by my rules, I'll take my ball and go home." Indian Nations MUST do everything they can to remove control of their ways by the occupation forces. BIA and Indian Affairs promoted "around the fort Indians" running the tribal government will not do this. Letting the government force a hog farm or uranium tailings processing on the rez will not do this. Funding enterprise that provides jobs for the tribal members on the rez, teaching our children to speak their native tongue and their native traditions, and saying "No" to programs that impose the dominant society's will on our People are how we break the cycles of abuse, poverty and despair. =================================== If you have names and addresses of trustworthy collectors of food, money and clothing gifts at the various reservations please forward them soon. The winter winds already have come down from the north. -=-=-=- I send thanks to my friend, Crazy Bull, for passing along a contact for those who wish to donate food, clothing or fuel money to elders in need on the Rez's. Wopila Russell. Evelynn Charging P O Box #170 Lower Brule, SD 57548 if no answer call Grandmother Charging at Phone: 605-473-5377 the Golden Buffalo Casino 605-473-5577 -=-=-=- From: "Kay" For those of you who wish to 'Give A Gift,' here is the address: Eastern Cherokee Alliance 5411 Laureltree Place Louisville, Ky. 40229 Marty Soaring Eagle said he would distribute/deliver. 1-502-966-8046 Thank you Kay -=-=-=- From: "Nimchira" I am collecting items for the Rosebud Reservation if anyone is interested. Below is a small list of items needed before first snow fall. The first part of the list is what they need now, they have plenty of clothing so far....however there is a shortage of warm jackets, food is also an important need right now...... again, I thank you.... Nim Toiletries: Bath Soap Shampoo and Conditioner Deodorants Tooth brushes, Paste Feminine products Mens Shaving items Bath Towels and wash cloths Non-perishables Food items: Boxed goods Canned goods Bottled Water Baby foods Warm Clothing: Childrens Winter Wear in good repair Men and Womens Winter coats or jackets Gloves, mittens, scarves, hats [knit or crocheted] Other items of warm outer wear. Baby items, diapers Blankets, lots of blankets. For more information you can call Nimchira Webb at: 1-620-278-3842 Items can be left in care of: J. Porter Selman 217 So. 2nd. St. Sterling, Kansas -=-=-=- From: "Brigitte Thimiakis" Subj: Lame Deer Reservation Greetings Gary, I hope this finds you well. I have just received the address for your list(Lame Deer Reservation). I hope it is not too late!=20 There are a couple of thousand children there, many single mothers too. There is a shelter for children up to 15-16 years old. Ann gives them all the assistance she can. Beside toys, warm clothes like jackets, gloves, hats, socks, coats, etc for children and blankets, would be much appreciated. The toys will be distributed during the Christmas give away but the clothes and blankets will be distributed right away. Address for Truck (only): GPTA Building Cheyenne Ave and Ridgewalker Lame Deer, MT Please ask for Ann Booker Only Monday through Friday 9:00a.m. to 5:00p.m. Someone looking for the building could ask anyone they see where the GPTA Building is and they should be able to direct them. Ann Booker works in the office where they work with assistance, etc. [If needed please contact thimiakischool@the.forthnet.gr before the boxes arrive at the office and we can let Ann know in advance.] - Address for shipping items by mail: Ann Booker P.O. Box 1004 LAME DEER MONTANA 59043 Ann's home address is available off list for anyone who would like to send items by UPS (United Parcel Service), at the above email address. -=-=-=- From: dfinstead@setaim.com Elders and children will suffer this winter if they don't receive help. Warm clothing and blankets are needed as well as money for fuel. Also personal needs, soap, toothbrushes, diapers, etc. Please remember to send toys to the children for Christmas. PLEASE DO WHAT YOU CAN TO HELP AND PASS THIS ON TO OTHER LIST, FRIENDS AND FAMILY. >>>>>>> Bonnie Whitesinger Box 1073 Hotevilla, AZ 86030 Would be able to handle fuel donations for Big Mountain. > >>>>>>>>>>>>> There is a needs list on www.blackmesais.org/needslist.html Black Mesa Indigenous Support P.O Box 23501 Flaggstaff Arizona 86002 >>>>>> New Mexico Southwest Indian Foundation, 100 W. Coal, Gallup, NM 87301. > >>>>>> Eastern Cherokee Alliance 5411 Laureltree Place Louisville, KY 40229 Taking clothing, food, and toys >>>>> PINE RIDGE PTI Propane P,O, Box 1987 PIne Ridge, SD 57770 Ph: 1-605-867-5199 >>>> Bennett County Coop P.O. Box T Pine Ridge,SD 57551 ph: 1-605-685-6711 Fuel >>>> I have several families that I buy fuel for in Wanblee.(Pine Ridge) If you'd like to help out with that, it would be appreciated. The money goes directly to the Co-op in Martin, and they deliver the amount paid for, either by credit card, check or M.O. Contact me off list if you want to be a part of that. jdkc@woptura.com J. D. CHIPPS >>>>>> ROSEBUD RES. Alfred Bone Shirt P.O. Box 283 Mission, S.D. 57555, I can be contacted at this email address or by telephone 605-747-4443, For fuel >>>>>>>>> J. Porter Selman [Nim] 217 So. 2nd. St. Sterling, Ks 67579 All donations go to Rose Bud res. >>>>>>>>> ANGEL HAVEN MISSION C/OF GRACE DEEL RT 1 BOX 433 VANSANT VA >>>>> St. Bridgets Catholic Church General Delivery Rosebud Res., SD >>>>>>>>>>>>> ndn-aim list fund (Erth handles it, reciepts sent and amounts posted) For emergency assistance and fuel fund. ndn-aim fund c/o box 1334 Rapid City, SD 57709 I also have address to send clothing, food, ect, to Pine Ridge and Rose Bud (Carter Camp), I will give out off list. These are individuals who can be trusted to distribute to those with needs. You may contact me at dfinstead@setaim.com for these address. Dodie === To subscribe to this group,send an email to: ndn-aim-subscribe@egroups.com 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 ---------- - Lucy Adams - Feds to compensate - Regina P. Stabler Residential School Survivors - Papa George Ross - Feds offer Settlements - Patricia Locke helped 17 Tribes to Indian Students start Colleges - Churches angered by Federal Offer - Crossings - Grand Chief: - John Benally's Horses Indian Act survey Superficial seized by BIA - Mohawk Police stretched - Trust Fund Defense Team Scrapped watching Porous Border - Contemptuous Norton irks Judge - Patchwork Jurisdiction - Tribe restores hampers Tribal Police Connection with Prarie - Convicted Cops ask - Navajos to Negotiate on Water for Sentencing Circle - Tohono O'odham - Aboriginal Leader on a Mission for Inclusion shocked by Circle Request - Gover defends his Role - Motion to reduce in Recognition of Tribes Peltier's Sentence Filed - Study finds Deep Flaws - Native Prisoner in Tribal Recognition -- Female Prisoners - Etowah National Historic Landmark - Rustywire: in Danger Shaa Al Chine'- My Children - Native Leaders criticize - Poem: Old Man Anti-terror Bill - Verse: Hawaiian Book of Days - Aboriginal Chiefs - Montana's not Consulted over Logging Indian Education Law Ignored - Health and Education - School Language Program outrank Governance dividing Burnt Church - Native Self-governance Institute - Native America Calling Shut Down - Upcoming Events --------- "RE: Lucy Adams" --------- Date: Thu 1 Nov 2001 10:38:08 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="LUCY ADAMS" http://www.adn.com/alaska/story/734100p-779201c.html Lifelong Alaskan dies at age 107 MENTOR: Lucy Adams lived a traditional subsistence lifestyle. The Associated Press November 1, 2001 Fairbanks -- Lucy Adams, who lived in Alaska for all 107 years of her life, died Sunday in Fairbanks. Born July 6, 1894, in Kechumstuk, a village that used to exist off the Taylor Highway in Interior Alaska, Adams lived a subsistence lifestyle. She was married to Alfred Adams, originally from Moosehide, Yukon Territory. Lucy Adams never attended school but she made her mark in life through her love for others and her big family, said her grandson, Danny Adams, chief of the village of Tetlin. Adams had lived in Fairbanks since the early 1980s when her husband died. She had 12 children, six grandchildren, 17 great-grandchildren and 10 great-great-grandchildren. She outlived all but one of her children, Cora David of Tetlin. "She taught us compassion and love," Danny Adams said. "This family was blessed to have her. She was our teacher, mentor and mother. She put a lot of faith in giving us spiritual beliefs. We will carry the torch for her." Although Lucy Adams spoke little English, she was fluent in Upper Tanana Athabaskan. Growing up in Alaska in the late 1800s and early 1900s was not easy and Lucy Adams made sure her family remembered that, Danny Adams said. "She never tasted sugar until the 1930s," he said. But later in life, Adams had an affinity for orange soda. It was likely her traditional diet and lifestyle that contributed to her long life, Adams said. Adams' granddaughter, Evelyn Paul of Tetlin, said she learned her Native dialect and survival from Lucy Adams. "She just loved the subsistence lifestyle, blueberry picking, fishing and beading." Another granddaughter, Alice Silas of Fairbanks, said she believed Adams may have been several years older than 107. "The BIA (Bureau of Indian Affairs) assigned her a birthday. We think she might be older," Silas said. Services are planned for Saturday at 2 p.m. in Tetlin, where a funeral, burial and traditional Native potlatch will be held. Copyright c. 2001 The Anchorage Daily News. --------- "RE: Regina P. Stabler" --------- Date: Thu 1 Nov 2001 10:38:08 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NURSE FALLS" http://www.okit.com/ Oklahoma woman Falls to her death in Hawaii Volcano by Wilhelm Murg Park Rangers found the body of Regina P. Stabler on Saturday, October 20, at the top of a rocky outcropping in the crater rim walls of Kilauea Crater in Hawaii Volcanoes National Park near Hilo, Hawaii. She had apparently fallen 200 feet to her death. The 48-year-old Stabler was a commander with the U.S. Public Health Service and a registered nurse at Wewoka Indian Health Center in Wewoka, Oklahoma. Mrs. Stabler was vacationing with her husband, Shawnee Realtor Hollis Stabler, on the weekend of October 19. Park Rangers were assisted by the Hawaii County Fire Department and the Kilauea Military Camp Fire Department in their three-hour search for the body, which was discovered around 12:20 pm. The National Park Service is investigating the incident. "An autopsy was performed on Tuesday (October 23) at the Hilo Medical Center," Public Information Officer, Ranger Mardie Lane said. "Autopsy reports, typically, may not come back for days or weeks." Hollis Stabler returned to Oklahoma before the autopsy was performed in Hawaii and Regina Stabler's body was returned to the state later in the week. Ranger Lane noted that the area of the volcano rim, above the place where Regina Stabler's body was discovered, was protected by a railing that would have to be climbed in order for anyone to reach the rim. When the body was discovered, Mrs. Stabler's body was clothed in "outdoor clothing." Few details are currently available about the events leading up to Regina's death except for statements from a Corporal who spoke to Mr. Stabler the night before Mrs. Stabler's body was discovered. Corporal Ewen told Native Times that he talked to Mr. Stabler in the bar at Kilauea Military Camp, where the Stablers had a room. They spoke for approximately three hours. "He's an ex-Marine and I'm an ex-Marine myself, " Ewen said. "He seemed like a pretty decent guy. He seemed to like Marines, but that's about it. That was about 9:30 or 10:30 Friday night." Ewen said Hollis Stabler told him that Hollis and Regina had "a few bottles of wine" earlier in the evening. Regina decided to stay in for the night but Hollis went down to the bar and met Ewen and his friends; where they stayed for at least three hours. Ewen left around midnight, but Hollis stayed. At some time in the night, Hollis went back to his room and discovered his wife was missing, but he told Ewen that he was too intoxicated to do anything about it. Hollis woke up again around 6 am and Regina was still missing. Hollis then called Ewen, who advised him to report Regina's disappearance to the authorities. "He didn't report it until later that day," Ewen said. "The real hard point on this is that, as far as we know, no witnesses have come forth, if there are witnesses," Lane said. "At this point we are not ruling out anything." Some local residents have criticized the investigation by Park Ranger Talmadge Mango because a large part of it seems to be handled by telephone. A member of Mrs. Stabler's family, who did not wish to be named, would not speculate on what happened, out of respect for Regina. "It's being investigated," the family member said. "We can only go by what they have said, and what Hollis has said. Our opinions, right now, are staying in the family." Regina Stabler was the youngest daughter of Robert and Pauline Stewart of Wewoka. She is an enrolled member of the Seminole Tribe of Oklahoma. Throughout her nursing career she worked for many tribes in mid-eastern Oklahoma. She worked for the Oklahoma City Indian Clinic at the time of the bombing and was one of the first medical respondents on the scene, for which she has been nominated for the Crisis Response Service Award. Surviving Regina is her husband, Hollis; a daughter Lydia Caruso; two step daughters Valita Mioux and Rosette Stabler; two sons, Sam and Jesse Caruso; and stepson, Simmon Oberwetter. Services were held Monday, Oct 29, at Resthaven Funeral Home in Shawnee. Hollis Stabler would not comment. Native American Times Copyright c. 2000-2001 Oklahoma Indian Times, Inc. --------- "RE: Papa George Ross" --------- Date: Mon, 05 Nov 2001 16:21:52 -0600 From: "D. Mitchell" Subj: Native Elder passes on ------- FORWARD, Original message follows ------- Date: Sun, 4 Nov 2001 13:14:58 EST From: Raven4Eagle@aol.com Dear Tribal brothers and sisters, November 2, 2001, a respected local Native Elder passed away. His name was George Dallas Ross, Sr., better known to everyone as "Papa Ross." He was a great man and a good Indian. He often set up booths at Pow Wow and sold the things he made. He was born in the Qualla Boundaries, Cherokee, NC January 24, 1933. He was 7/8 Cherokee/Creek. The funeral is Monday, November 5, 2001, at the Ryans Funeral Home in Trenton, GA. Papa Ross leaves behind his wife Paula Jean "Mama"Ross, daughters Debi Woods, Cindy Bauta and Dawn Pyron and sons George Ross, Jr. (Chuck) and Donnie Ross. If you would like to contact the family their address is P.O. Box 158, Trenton, GA 30752 Papa Ross will be dearly missed. Many may know Papa Ross from the many Pow Wow's he and his entire family attended. I spoke with Donnie Ross Saturday evening and he wanted me to send this out to everyone that may have known his father. Our prayers are with the family during this time. Gunalcheesh, Don Hoff Aan Kadax Tseen Chattanooga --------- "RE: Patricia Locke helped 17 Tribes start Colleges" --------- Date: Tue 6 Nov 2001 07:42:58 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="PATRICIA LOCKE" http://www.latimes.com/news/local/la-000087789nov03.story Patricia Locke, 73; Helped 17 Tribes Start Indian Colleges By MYRNA OLIVER, TIMES STAFF WRITER Patricia Locke, an American Indian of Hunkpapa Lakota and White Earth Chippewa heritage and former MacArthur fellow who worked to preserve indigenous languages and helped 17 Native American tribes start colleges, has died. She was 73. Locke had lived on the Standing Rock Reservation in South Dakota. She died Oct. 20 in Phoenix and was buried in nearby Paradise Valley, Ariz. Her Indian name was Tawacin Waste Win, and she lived up to its meaning: "She has a good consciousness, compassionate woman." Locke earned a prestigious fellowship from the MacArthur Foundation in 1991 for her work in preserving and revitalizing Indian languages throughout the United States. She co-founded the Native American Language Issues Institute, which became the International Native Languages Institute, and was honored Oct. 13 by the Indigenous Language Institute in Albuquerque. Daniel Socolow, MacArthur fellows program director, said in a statement: "Pat Locke personified the spirit of [our] program by carrying out her work in education with creativity, skill and dignity. As an outstanding leader and passionate advocate, she performed the invaluable service of deepening our understanding and appreciation of American Indian culture." Locke taught for more than four decades, at all levels from elementary school to university, including courses and seminars at UCLA, San Francisco State University, Alaska Methodist University, Denver University, the University of Colorado and the University of Southern Maine. She wrote a regular column called "Unlocking Education" in the Lakota Times and served as president of the National Indian Education Assn. A strong advocate for tribal independence in deciding how and what Native American children should study, she helped start colleges and develop educational curricula on reservations across the country. In 1979, Locke was appointed co-chairwoman of the Department of the Interior's task force on Indian education policy, and in 1982 she represented the United States in education discussions at the World Assembly of First Nations in Saskatchewan, Canada. Locke served as national coordinator for an American Indian Religious Freedom Act amendment sponsored by the Assn. on American Indian Affairs. In 1993, she became the first Indian woman elected to the national governing body of the Baha'i faith. Greatly in demand as a speaker, Locke described what she categorized as "the wisdom of the elders." She discussed how some tribal chiefs were once elected by women only, that many tribes considered women superior, why male youths had initiation rites but girls had none, and instruction in traditional relationships of tribes to the Earth and nature. Locke is survived by her daughter, Winona Flying Earth, and her son, Kevin Locke, who works to preserve native Lakota music; five grandchildren; and six great-grandchildren. Copyright c. 2001 Los Angeles Times. --------- "RE: Crossings" --------- Date: Tue 6 Nov 2001 07:42:58 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CROSSINGS" October 30, 2001 Eugene Sitting Bear KYLE - Eugene Sitting Bear, 76, Kyle, died Friday, Oct. 26, 2001, at Pine Ridge Hospital. Survivors include three sons, Jeffrey Sitting Bear Sr., Allen, and Chris Sitting Bear and Chester Sitting Bear, both of Kyle; six daughters, Phinette Little White Man, Josephine Janis, Colleen Sitting Bear, Marlene Little White Man, Velnita Sitting Bear and Romaine Bear Killer, all of Kyle; one sister, Victoria Eagle Elk, Kyle; two brothers, Ross Sitting Bear and Vern Sitting Bear, both of Calico; 37 grandchildren; and three great-grandchildren. Two-night wake begins at 1 p.m. today at St. Barnabas Episcopal Hall in Kyle. Services will be at 10 a.m. Thursday, Nov. 1, at the hall, with the Rev. Daniel Makes Good officiating. Burial will be at St. Barnabas Episcopal Cemetery. Sioux Funeral Home of Pine Ridge is in charge of arrangements. James 'Jim' Cloud Eagle BOX ELDER - James "Jim" Cloud Eagle, Akicita Witco, 59, of Box Elder, entered the spirit world Sunday, Oct. 28, 2001, at Sioux San IHS Hospital. He was born August 18, 1942, in the Cheyenne Agency IHS Hospital, son of Mary and Fredrick Cloud Eagle. He attended school at the Cheyenne Agency and graduated from Eagle Butte. He served in Korea and Viet Nam, where he was awarded the Rifle and Carbine (sharpshooter) Medal, Combat Infantry Badge, National Defense Medal, Military Merit Army Commendation Medal, and Republic of Viet Nam Service. Jim was employed as a motor-vehicle operator at the Eagle Butte IHS Hospital and Sioux San IHS Hospital from 1975 to 1990. He retired due to a medical disability. Jim and Carol Barker Jensen were married June 11, 1983, at the St. John's Episcopal Church in Eagle Butte; they made their home in Box Elder, S.D. Jim loved bowling and was a member of several leagues up until his disability in 1990; he also loved football, basketball and rodeos. Jim was proud to be a member of the DAV and American Legion Post 315 of Box Elder. He displayed his patriotism by always wearing a baseball cap on which he pinned various Army medals. Survivors include his wife, Carol; his sister, Nancy Garreaux of Rapid City; two sons, Dr. Leroy and Wendy Clark and family of Winnebago, Neb., and Mike Moran and family of Eagle Butte; three daughters, LuAnn and Ken Bruguier and Mary Ellen and Ken Jr. of Eagle Butte, Connie Parker and family of Albuquerque, N.M., and Tammy Moran of Eagle Butte; and two stepdaughters, Deborah Jensen and grandson Ben Jensen of Fort Yates, N.D., and Janice Jensen, Ben Clifford and Wayne and Jada. Visitation will be Thursday, Nov. 1, 2001, from noon until 7 p.m. with a 7 p.m. prayer service at Kirk Funeral Home. Funeral services will be Friday, Nov. 2, 2001, at 10 a.m. at St. Matthews Episcopal Church, with The Fr. Paul Sneve officiating. Burial will follow at the Black Hills National Cemetery near Sturgis. November 1, 2001 Crystal H. Brings Plenty-Jim PORCUPINE - Crystal H. Brings Plenty-Jim, 44, Porcupine, died Friday, Oct. 26, 2001, in Albuquerque, N.M. Survivors include her husband, Theodore Jim, Rapid City; her father, Vincent Brings Plenty, Pine Ridge; her mother, Bernadette Tuttle, Sioux Falls; one son, Tyrone Mexican, Rapid City; one daughter, Lacora Mexican, Mitchell; five brothers, Charlie Badger, Warren Tuttle and Justin Tuttle, all of Sioux Falls, Thomas Tuttle, Rapid City, and Duane Tuttle, Pierre; two sisters, Carole Tuttle and Cheryl Tuttle, both of Sioux Falls; and two grandchildren. Two-night wake begins at 1 p.m. today at the Porcupine CAP office. Mass of Christian Burial will be at 10 a.m. Saturday, Nov. 3, at the CAP office, with the Rev. Jim Ryan officiating. Burial will be at St. Alban's Episcopal Cemetery in Porcupine. Sioux Funeral Home of Pine Ridge is in charge of arrangements. November 3, 2001 Leo W. Vocu PINE RIDGE - Leo W. Vocu, 74, Pine Ridge, died Thursday, Nov. 1, 2001, in Pine Ridge. Survivors include his wife, Loretta Vocu, Pine Ridge; five sons, Tom Vocu, Batesland, Bill Vocu, Scottsbluff, Neb., John Vocu, Watertown, Richard Vocu, Pine Ridge, and Anthony Vocu, Junction City, Kan.; five daughters, Gayle Vocu, Ramona Vocu, Lucy Vocu and Monica Vocu, all of Pine Ridge, and Leona Jewett, El Paso, Texas; two brothers, Bob Vocu, Riverton, Wyo., and Buz Bocu, Kyle; 15 grandchildren; and five great-grandchildren. A one-night wake will begin at 3 p.m. Monday, Nov. 5, at Sacred Heart Catholic Church in Pine Ridge. Mass of Christian Burial will be at 10 a.m. Tuesday, Nov. 6, at the church, with the Rev. Steve Sanford officiating. Sioux Funeral Home of Pine Ridge is in charge of arrangements. Copyright c. 2001 Rapid City Journal. -=-=-=- October 31, 2001 Marion Robertson Jr. Marion Robertson Jr., 54, of Shawnee died Monday in Shawnee. Robertson was born Jan. 21, 1947, in Concho, Okla., to Marion Robertson Sr. and Betsy Joyce Longman Mahardy. He attended school at Chilocco and Noble and had lived in Texas. He worked as a linesman for cable television for 20 years and was a member of the Absentee Shawnee Tribe. He was preceded in death by his parents, son, Waylon Robertson, and sister, Jerri Conine. Survivors include five sons, Marion James Robertson and Leland Scott Robertson, both of Tyler, Texas, Johnny Mac Robertson, Seminole, Marion Michael Robertson, Shawnee, and James Leroy Robertson, McLoud; four daughters, Wanda Westberry, Tyler, Texas, Kelly Logan, Austin, Texas, and Leslie Prewitt and Johnna Robertson, both of Shawnee; 15 grandchildren; one great-grandchild; brothers, Jim Robertson, Norman, and Dave Wakolee, Shawnee; sister, Wynona McGirt, Shawnee; and many other relatives and friends. Graveside services will be 10 a.m. today at Absentee Shawnee Tribal Cemetery, Little Axe, under the direction of Cooper Funeral Home, with Charlie Squire officiating. November 6, 2001 Joseph J. Wahpepah Shawnee resident Joseph J. Wahpepah died Monday in an Oklahoma City hospital at the age of 36. He was born Oct. 14, 1965, in Lawrence, Kan., to Frank and Betty (Maney) Wahpepah. He graduated from Tecumseh High School in 1983 and attended Seminole Junior College for two years. He then attended Oklahoma Baptist University for two years where he was a member of Omega Chi Alpha. He attended St. Benedict's Catholic Church as a youth. Wahpepah worked in sales and management at Dollar General, Staples and Lowes. He married Melinda Williamson April 18, 1998, in Oklahoma City. He was active in school activities and sports. He was preceded in death by his mother Betty Wahpepah Survivors include his father, Frank and his wife, Melinda, both of Shawnee; three sisters and two brothers-in-law, Mary Wahpepah and her fiance Brian Leaver, Oklahoma City, Kathleen Wahpepah and Tim Eiashappe of Sintelutz, Saskatchewan Canada, and Wilda Wahpepah and Bill Crum of Minneapolis, Minn.; two nephews, Nickolas Wahpepah and Jared Crum; and many other family members. Tribal rites were held Monday evening. A memorial service will be 10 a.m. Thursday at the Wilmont Baptist Church of Oklahoma City. Burial will follow at Kickapoo Community Cemetery. Memorial contributions may be made to the American Cancer Society or Oklahoma Medical Research Foundation. Edward Cuppawhe, Jr. Edward Cuppawhe, Jr. died Saturday at the age of 75. He was born Oct. 10, 1926, in Shawnee to Edward and Inez (Yellowfish) Cuppawhe Sr. He was a member of the Native American Church. Survivors include his wife, Beatrice; son, Gary; and many other family members. Tribal rites are scheduled for 10 a.m. today at the Sac and Fox Tribal cemetery in Stroud. Copyright c. 1997-2001 The Shawnee News-Star. -=-=-=- October 30, 2001 John Jack TWIN LAKES - Services for John Jack, 71, will be held at 10 a.m. Wednesday, Oct. 31 at the Free Trinity in Tohlakai. The Reverend Dennis Garden will officiate. Burial will follow in Tohatchi Cemetery. Jack died Oct. 25 in Twin Lakes. He was born June 1, 1930 in Lupton, Ariz., into the Many Goats People Clan for the Salt People Clan. Jack was a silversmith and mechanic. He was a long-time resident of Twin Lakes. Survivors include his wife Ella Mae Jack of Twin Lakes; son Jason Jack of Twin Lakes; daughters Betty Jack, Georgia Jones, both of Twin Lakes and Laverna White, and Ellamae Brown of Gallup; brothers Roger Johnson and Ben Johnson, both of Yah Ta Hey and Benny Thompson of Gallup; sisters Esther Jumbo and Elizbeth Mae Jones, both of Yah Ta Hey; eight grandchildren, one great-grandchild and one great-great-granchild. Pallbearers will be Robert Brown, Roger Johnson, Anderson Jones, Ben Johnson, Jonathan Soce and Robert Brown Jr. Cope Memorial is in charge of arrangements. October 31, 2001 Sarah Murphy THOREAU, N.M. - Services for Sarah R. Murphy, 79, will be held at 10 a.m. Saturday, Oct. 27, at Rollie Mortuary, Palm Chapel. Burial will follow on private family land. Murphy was born May 22, 1922 into The Sleeping Rock People Clan for the Salt People Clan. Survivors include her sisters Louise Cronemeyer of Winslow, Ariz., Eleanor Spires of Pelion, S.C. and brother Benson Shirley of Coyote Canyon. Pallbearers will be Jerald Begay, Don Cronemeyer, Ron Cronemeyer, Verdal Etsitty, Adrian Showalter and Alan Showalter. Rollie Mortuary is in charge of arrangements. Steve Ranger Sr. BRIMHALL - Services for Steve T. Ranger, 51, will be held at 9 a.m. at the Gallup Church of Jesus Christ of Latter Day Saints. President Tulley Haswood will officiate. Burial will follow at a private family cemetery. There will be a family meeting tonight at 5 p.m. at the Coyote Canyon Chapter House. Ranger died Oct. 25 in Gallup. He was born May 10, 1951 in Tuba City, Ariz., into the Start of the Red Streak People Clan for the Red Running into the Water People Clan. Ranger was a Vietnam Veteran, serving with the U.S. Army. He was an educator with the Crownpoint Eastern Child Development. Survivors include his wife, Rose Ranger of Brimhall; sons Bronco T. Ranger, Bronson T. Ranger and Steve T. Ranger Jr., all of Brimhall; daughters Krystal D. Ranger and Stefanie R. Ranger, both of Brimhall; father, Tom Ranger of Coyote Canyon; mother Mavis Scott of Cow Springs, Ariz.; brothers Theodore Ranger of Gallup, Thomas Ranger of Provo, Utah and Tom Ranger Jr. of Coyote Canyon; sisters Tomacita Becenti of Green River, Wy., Bernadine Ranger of Roy, Utah, Rita Ranger of Tonalea, Ariz; grandfather William Yazzie of Gallup and one grandchild. Ranger was preceded in death by a son and a daughter; his mother, Berenice Vivian Ranger; brothers Timothy Ranger and Travis Ranger and a grandmother, Florence Yazzie Pallbearers will be family members. Rollie Mortuary is in charge of arrangements. November 2, 2001 Alice Yazzie THOREAU - Services for Alice Yazzie, 91, will be held at 10 a.m., Saturday, Nov. 3 at the First Baptist Church, Thoreau. Ray and Florence Barker will officiate. Burial will follow at Thoreau Cemetery. Yazzie died Oct. 31 in Grants. She was born Sept. 10, 1910 in Thoreau into the Sleeping Rock People for the Black Streak. Yazzie was a self-employed rug weaver. Her hobbies included bingo, atttending basketball games, ranching and planting crops. Survivors include her sons, Lee Chavez, Sam Yazzie and Jimmy Yazzie all of Thoreau; daughters, Lucy Saunders, Anna Y. Becenti, Betty Tom and Christine Platero all of Thoreau; 22 grandchildren; 19 great-grandchildren and one great-great grandchildren. Yazzie was preceded in death by her husband, Billy Yazzie; sons, Lou J. Yazzie, Phillip Yazzie, Wally J. Yazzie and John Chavez. Pallbearers will be Ervin Platero, Anthony Platero, Fredrick Platero, Rick Becenti, Julian Yazzie and Samuel C. Yazzie. The family will receive friends and relatives after the burial services at Thoreau Chapter House. Cope Memorial Chapel is in charge of arrangements. Darlene Charley Gorman REHOBOTH - Services for Darlene Gorman, 31, will be held at 1 p.m., Saturday, Nov. 3 at Cope Memorial Chapel. Gorman was born October 23, 1970 in Gallup into the Naneesht'ezhi' Tachii'nii for the Naaka'dine'. Gorman was employed with Ganado School District-Transportion. Survivors include her husband, Edison Gorman Jr.; sons, Delvin Gorman, Douglas Gorman, Edmand Gorman and Quinton Gorman all of Rehoboth; daughters, Danielle Gorman and Darnelle Gorman; parents, Jimmy Charley of Toadlena and Sarah Charley of Rehoboth; brother, Jimmy Charley Jr. of Bloomfield; sisters, Shirlene Castillo of Albuquerque, Gabrielle Hildreth and Gaillene Hildreth both of Rehoboth; and grandparents, John and Suzie Woody, Morris and Mary T. Charley. Pallbearers will be Jimmy Charley Jr., Herbert Woody, Harris Woody, Merle Lynch, Albert Woody and Thomas Johnson. The family will receive friends and relatives after the burial services at the family residence, Sundance Road. Cope Memorial Chapel is in charge of arrangements. Robert Benally CHINLE, Ariz. - Services for Robert Benally, 41, will be held at 10 a.m., Saturday, Nov. 3 at the Our Lady of Fatima Convent Catholic Church, Chinle. Father Blaine will officiate. Burial will follow at Rough Rock Community Cemetery. Benally was born Oct. 19, 1960 in Rough Rock, Ariz. into the Black-wood Streaked for the One Who Walks Around. Benally was employed with the Union Pacific Railroad. His hobbies included carpentry, art work and fishing. Survivors include his wife, Verna Benally of Chinle; daughters, Valentina Benally, Vanna Benally, Vanessa Benally and Racheal Benally all of Chinle; parents, Mary H. and Henry Benally Sr.; brothers, Cecil Benally of Olympia, Wash., Thompson Benally of Kayenta, Ariz., Henry Benally Jr. and Larry Benally both of Rough Rock; sisters, Lorrindee Robinson of Kayenta, Lorraine Benally of Chinle, Ariz., Sara Bahe of Rough Rock, Loretta Grandsen, Charlotte James and Theresa Clark all of Salt Lake City, Utah; and grandparents, Astahii Tso and Nakaii Begay, Bah Tsinnijinnie Woody and Etsitty Benally all of Rough Rock. Benally was preceded in death by his brother, Phillip Benally. Pallbearers will be Emery Bahe, Jeremy Bahe, Emerson Bahe, Darrick Blackgoat, Dave Jones, Hank Williams, Ben Billie, Ivan Tsosie and Stanford Samuel. The family will receive friends and relatives after the burial services at Henry and Mary Benally's residence, Rough Rock. Cope Memorial Chapel is in charge of arrangements. November 3-4, 2001 Jessica Ashley Owens FORT DEFIANCE, Ariz. - Servicers for Jessica Owens, 11, will be held at 10 a.m., Monday, Nov. 5 at Gallup Christian Center, (The Door). Pastor Artie Aragon will officiate. Burial will follow on private family land, Fort Defiance. Owens died Nov. 1 in Albuquerque. She was born Dec. 28, 1989 in Lawton, Okla. into the Mud People Clan for the Towering House People Clan. Owens attended Hilltop Christian School and PTC Christian School, Blackhat. She was an honor student and was one of the top 10 spelling bee contestants in the Navajo Nation Spelling Bee. Jessica was a member of the Gallup Christian Center (The Door). Her hobbies included basketball, running, mountain biking, traveling and skate boarding. Survivors include her parents, Pamela Owens of Fort Defiance and Gregory Owens of Window Rock; sisters, Karissa Owens and Monica Owens both of Fort Defiance; and grandparents; Levi and Nellie Damon of Fort Defiance, Ella Owens of Window Rock and Florence Damon of Asaayi Lake. Owens was preceded in death by her great-grandparents, Jim Blackgoat, Louise Yecasbah Blackgoat, Edward Damon, Eunice Owens and John Owens. Pallbearers will be Kevin Blackgoat, Larry Boyd, Dominic Curtis, William Owens, Levon Smith and Marvin Yazzie. Rollie Mortuary is in charge of arrangements. November 5, 2001 (Gallup) Ben C. Tso CROWNPOINT - Services for Ben C. Tso will be announced at a later date. Tso died Nov. 4 in Gallup. A family meeting will be held in Crownpoint at the Old West Mesa Homes, #30, tonight, at 6 p.m. Copyright c. 2001 The Gallup Independent. -=-=-=- Terry Swan Memorial All family, friends are invited to attend Terry Swan's one year memorial dinner and give-away. November 10, 2001, Spokane, Washington. Time: 11:00 4:00 p.m. Location: Mending Fences Fellowship, East 1002 Montgomery, Spokane, Washington, 99213. Kevin Chen, pastor. Contact phone numbers: Church: (509) 489-5515, Loren Swan, Jr. (509) 487-6890 or Theresa Elisoff (253) 274-8947. For those unable to attend the Spokane memorial, November 17 a dinner and give away will be held at the Nespelem Catholic Longhouse off Hwy 155. Time: 11:00-2:00 p.m. Please join us in the celebration of Terry's life. Contact: Charlene Bearcub (509)634-4900 or Theresa Elisoff (253)274-8947. Copyright c. 2001 Tribal Tribune. --------- "RE: John Benally's Horses seized by BIA" --------- Date: Tue, 6 Nov 2001 06:08:24 +0000 From: Robert Dorman Subj: BIGMTLIST URGENT: John Benally's horses seized by BIA ------- FORWARD, Original message follows ------- From: "Marsha Monestersky" Mailing List: Big Mountain List Dear Big Mountain Supporters, The BIA, currently enforcing Hopi tribal grazing ordinance #43 has seized 7 horses, 5 mature horses and 2 colts from John Benally. The cost as of Tuesday, November 6, 2001 is $1,500.00 and will go up $70.00 per day. Please call Fred Chavez, Hopi area BIA agency and tell him to stop targeting Dine' spokespeople and return the horses, 928-738-2249. If you can contribute funds to help pay for the release of John's horses and other animals the BIA may take in the near future or want to contribute towards the purchase of hay, please contact Steve Sugarman, Social and Environmental Entrepreneurs, Inc., 310-456-3534. Thank you for your support. Yours sincerely, Marsha --- Marsha Monestersky --- sdn57@earthlink.net --- EarthLink: It's your Internet. ======================================== Please visit http://www.theofficenet.com/~redorman/pagea~1.htm for more background on the Big Mountain relocation issue. To post to the list, email your message to redorman@theofficenet.com. To subscribe, send an email to: BIGMTLIST-subscribe@topica.com. --------- "RE: Trust Fund Defense Team Scrapped" --------- Date: Tue, 30 Oct 2001 04:26:19 -0800 (PST) From: Paul Pureau Subj: Trust fund defense team scrapped Mailing List: ndn-aim http://www.indianz.com/SmokeSignals/Headlines/showfull.asp?ID=law/10302001 Trust fund defense team scrapped TUESDAY, OCTOBER 30, 2001 In a move pointing to the volatile and monumental nature of the trust fund debacle, the federal government has scrapped the entire legal team that was defending Secretary of Interior Gale Norton and other top officials for failing to live to up their responsibilities to an estimated 300,000 American Indians throughout the country. The Justice Department's environmental and natural resources division had been providing Norton, the Bureau of Indian Affairs and the Department of Treasury with legal services from the start of the Cobell v. Norton class action suit five years ago. But with new charges piling up against Norton and 38 officials, attorneys and senior management, two new teams have been put on the case. Now, the agencies will be getting their defense from the civil division of the Justice Department. Additionally, U.S. Attorneys, also part of the Justice Department, have been assigned to answer to contempt charges that have been recommended against Norton and have been sought against numerous others. The 11th hour move comes as the government prepares for a status conference today in federal court. U.S. District Judge Royce Lamberth, who has presided over the lawsuit since its inception, has called for an update following months of stinging reports issued by court monitor Joseph S. Kieffer III and damning opinions authored by special master Alan Balaran. But since the government has responded to the criticism with additional support, it is expected the new attorneys will seek to delay a case that has frustrated both the Clinton and Bush administrations and has festered for more than one hundred years. Having had many of their complaints go unanswered for up to a year, the lawyers for the plaintiffs plan to oppose such a request, said Dennis Gingold, a Washington D.C. attorney who represents beneficiaries to the Individual Indian Money (IIM) trust. Saying the government's problem is "self-inflicted," Gingold also insisted the change in strategy would not affect the plaintiff's case. "We've been ready for a generation," he said. "This is the biggest mess I've ever seen," said Gingold. The civil division of the Justice Department is the largest within the agency. It has over 700 attorneys who specialize in cases involving fraud, government programs and Constitutional challenges -- topics central to the trust fund debate. U.S. Attorneys are more well known for the services they provide to the federal government in states and for prosecuting crimes in Indian Country. But they also are responsible for defending the government in various disputes. While smaller, the environmental division also employs hundreds. During the Clinton administration, it actively pursued land and water claims on behalf of tribes. When it came to the Cobell suit, though, nearly a dozen were assigned and their actions now being called into question. In recent months, the team, which includes attorneys Sarah Himmeloch, Philip Brooks and Charles Findlay, has been cited by Kieffer for providing misleading and false information to Judge Lamberth. The Justice Department, however, has regaled them with honors. In July 2000, then-Attorney General Janet Reno singled out the team "for demonstrating extraordinary skill and dedication" to the trust fund fight, saying they helped "to restore the credibility of the United States." Whether current Attorney General John Ashcroft or other Bush administration officials feel the same way is unknown. A spokesperson yesterday declined to comment on the last-minute switch in legal teams but said he has been unable to contact any of those involved in the debacle. "I honestly cannot find any of these attorneys," Charles Miller said of the environmental division. The Department of Interior did not return a request for comment. Tom Sansonetti, President Bush's pick to head the environmental division, has not seen his nomination acted upon by the Senate. He is employed by the same law firm that produced Interior Solicitor Bill Myers, criticized for intimidating BIA managers and also wanted in contempt. ---------------------------------------------------------------------~-> To subscribe to this group,send an email to: ndn-aim-subscribe@egroups.com Archived on line at: http://www.eScribe.com FREE LEONARD PELTIER --------- "RE: Contemptuous Norton irks Judge" --------- Date: Wed 31 Oct 2001 08:24:10 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NORTON IRKS JUDGE" http://www.owlstar.com/dailyheadlines.htm http://www.denverpost.com/Stories/0,1002,53%257E203445,00.html 'Contemptuous' Norton irks judge Discipline possible in Indian trust case By Bill McAllister Denver Post Washington Bureau Chief Wednesday, October 31, 2001 - WASHINGTON - A federal judge threatened Tuesday to hold Interior Secretary Gale Norton in contempt, saying her initial action over billions of dollars her department holds for American Indians was "so clearly contemptuous" he doubted she could be defended. U.S. District Judge Royce C. Lamberth stopped short of disciplining Norton but made it clear that he considered her remarks on the thousands of trust accounts "contemptuous on their face." The judge, who previously held that the government had breached its trust responsibility to Indians, also hinted he was likely to impose sanctions on the chief of staff to former Interior Secretary Bruce Babbitt. Lamberth singled out Babbitt's top aide, Anne Shields, for not telling him about a crucial computer failure affecting the trust accounts. But it was Norton, the former Colorado attorney general, who received the brunt of the judge's ire during a 45-minute hearing on the case. He set another hearing for Nov. 30 and told government lawyers he was upset with Norton. "I hope the government will tell me who is in charge of trust reform," Lamberth declared. "It's allegedly the secretary. She surely doesn't act like it." If the judge makes good on his threat, Norton will become the first Bush Cabinet member disciplined by a federal court. Her department later issued a brief statement declaring: "We take trust reform seriously. We are committing substantial resources to trust reform. We will be responding to the issues raised today through the court process." Lamberth's pointed remarks and obvious frustration with the government seem certain to renew pressure on the Bush administration to quickly settle the 51/2-year-old lawsuit that challenged the accuracy of more than 300,000 trust accounts the government has maintained, in some cases for more than 100 years for Indian families. Congress repeatedly has urged that the case, involving accounts said to be worth more than $10 billion, be settled out of court. For the past several months, lawyers representing the Indians and court- appointed specialists reviewing the case have been filing reports and motions with the judge, most of them harshly critical of the government's handling of the case. The judge's anger at Norton was piqued by her first public statement on the case. On Feb. 28 she told the Senate Indian Affairs Committee she had ordered her department to conduct a "statistical sampling" of the agency's admittedly bungled trust accounts. Lamberth noted that he had warned her Democratic predecessor not to take that step. To have Norton follow the same course was infuriating and obviously in violation of his order, the judge said. Lawyers for the Justice Department made no effort to defend Norton or any of the nearly 50 others who also could face contempt proceedings. Former Denver lawyer Dennis Gingold, the driving force behind the lawsuit, repeatedly urged the judge to press ahead with a contempt finding. "Enough is enough is enough," he declared. "Nobody is doing anything here. It's got to stop." Gingold argued that government lawyers had more than enough time to prepare their defenses, and delays would only hurt the Indians. In chambers, government lawyers have suggested it could take 50 years to reconcile the accounts, he said. "Unless this court does something soon, more assets are going to be lost, more documents are going to be destroyed." Copyright c. 2001 The Denver Post. --------- "RE: Tribe restores Connection with Prarie" --------- Date: Mon 29 Oct 2001 09:03:22 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RECONNECT" http://www.owlstar.com/dailyheadlines.htm http://www.argusleader.com/news/Mondayfeature.shtml Tribe restores connection between wild horses, prairie By KEVIN WOSTER Argus Leader 10/29/01 Project also returns buffalo, black-footed ferrets to land LA PLANT - In a cluster of rough-wood corrals surrounded by sweeping brown prairie, two surly stallions scream and bite, rear and kick with the power of a pneumatic sledge. Sometimes the hammer-like hooves of one hit their mark, smacking with a sickening thud into the exposed rump of the other. But neither falls, falters or backs away. And from his spot safely behind the fence a few feet away, Roger Lawrence watches the combat without a flinch or a wince. An experienced horseman here on the Cheyenne River Indian Reservation of north-central South Dakota, Lawrence has watched this drama before. "They'll fight like that until they get the pecking order figured out, then they'll settle down," he says. "They're going to like it here." There's plenty to like for a group of 80 transplanted wild mustang here among the buttes and tables and undulating grasslands that run off toward the glittering Missouri River a few miles to the east. The Cheyenne River Tribe has dedicated more than 20,000 acres of this wild landscape to a project aimed at restoring a piece of the past. The tribe's prairie ecosystem restoration program will focus on key wildlife species that were pushed off the reservation with the coming of white settlers. The mustangs trucked in from desert-like range down in Nevada are just part of that plan, says Dennis Rousseau, director of the tribe's Game, Fish and Parks Department. "We've brought back the buffalo. We're bringing back the black-footed ferret," Rousseau says. "And today, we're putting forth the effort to add the wild horses." Although wild horses may not be native in the way that buffalo and ferrets are native, they certainly became an integral part of the Plains Indian culture. Herds of wild horses, many of them descendants of those ridden by Spanish explorers in the 1500s, spread across the southwest states. Many still live in Utah, Arizona, New Mexico and Nevada. It's a hard life for a horse in many of those states, where arid conditions and skimpy grass can make finding a meal difficult. That's why the tribe, in association with the International Society for the Protection of Mustangs and Burros, adopted the 80 wild horses from land owned by the Nevada Department of Agriculture. "The state of Nevada was very helpful. The state paid for shipping costs, and they're delighted these horses will be able to roam free for the rest of their lives," says Karen Sussman of Interior, president of the society. "Nevada has taken so much flak from horse lovers in that state over the management of these horses, that this adoption is a real positive for them." Sussman's organization began bringing wild horses to South Dakota from New Mexico in 1999, releasing them on a private ranch near Badlands National Park. Other releases followed in 2000, and Sussman relocated the society's headquarters to Interior. She planned on developing a National Wild Horse and Burro Heritage Center there. But a shortage of grass and space and an appealing opportunity with the Cheyenne River Tribe persuaded her to move the society's headquarters to a rural acreage west of Eagle Butte. The horses at Interior will be moved to Cheyenne River soon. "We think this is the perfect place to develop the National Wild Horse and Burro Heritage Center and program," Sussman says. "It's a beautiful landscape. And the tribe is very conservation-minded, with a great commitment to the prairie ecosystem." Sussman and Rousseau met the first load of 43 horses from Nevada on a chilly morning Oct. 17 in an Eagle Butte parking lot. A semitrailer left Virginia City, Nev., at 10 a.m. the previous day, arriving in Eagle Butte at 6 a.m. the next morning. By 9 a.m., Sussman and Rousseau and other tribal officials were in four- wheel-drive pickups, leading the semitrailer down a two-lane dirt trail that leaves U.S. Highway 212 about 40 miles east of Eagle Butte and winds and dips north through the prairie for seven miles to the corrals. When the semitrailer was backed up to the corral chute, the truck drivers opened the back gate and stepped aside to let the horses rumble out. They didn't move. In fact, it took more than a half-hour of encouragement before the first brown mare ambled tentatively down the ramp and into the corral. Though skittish, the mare couldn't resist munching the fresh grass. It took 20 minutes to get the next horse out, a process that the first mare watched with detachment. "This is very typical behavior for wild horses," Sussman says from behind the corral fence. "They feel safe inside the truck. And it's very difficult to come out and face the unknown." The horses were divided in the trailer into three compartments. One had mares and their foals, the other mares only and the third stallions. The mares and foals were well- behaved, cautiously exploring their new surroundings and chewing on grass and hay bales. The stallions were unruly from the time they hurried down the ramp and trotted, with heads high and eyes wild, around the edges of their new containment. "Aren't they beautiful," Sussman says. "This is another momentous event for us." It has the potential to be momentous for the tribe and its people, too, says Zach Ducheneaux, vice chairman of the tribe's parks committee. "I think it has a lot of potential to get our kids involved with the horses, and with our heritage, and to build some self-esteem," Ducheneaux says. "It's especially important in outlying communities, where's there's not a lot to do." Reach reporter Kevin Woster at kwoster@argusleader.com or 331-2319 Copyright c. 2001 Argus Leader. --------- "RE: Navajos to Negotiate on Water" --------- Date: Thu 1 Nov 2001 10:38:08 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NAVAJO/WATER" http://www.indianz.com/SmokeSignals/Headlines/showfull.asp?ID=env01/1112001 http://www.abqjournal.com/paperboy/text/news/493402news11-01-01.htm Thursday, November 1, 2001 Navajos to Negotiate on Water By David Miles Journal Capitol Bureau SANTA FE - Gov. Gary Johnson and Navajo Nation President Kelsey Begaye signed an agreement Wednesday to pursue negotiations to settle disputed water rights in New Mexico's San Juan River basin. "We are just optimistic that we can actually come to agreement ... on an issue that has been extremely contentious in this state forever," Johnson said at a signing ceremony in his Cabinet room. Begaye called the signing a historic event. "We think that water is the lifeblood of the Navajo Nation," Begaye said. State Engineer Thomas Turney said he hoped that the state and the Navajo Nation, with the help of federal negotiators, could reach a settlement within 18 months. Turney said the state would pursue litigation only if an agreement had not been reached by that time. "It would probably take decades, literally, to work through the court system," Turney said. Johnson said litigation could cost the state millions of dollars. The state and the Navajo Nation agreed in 1997 to try to negotiate a settlement of Navajo claims to San Juan River water rights. "These discussions have not been totally easy," Turney said. Johnson said the current agreement built upon the 1997 document. "When that original agreement was signed ... we weren't sitting at the same table," Johnson said. The Republican governor said a spirit of compromise marks the current round of negotiations. After the signing ceremony, George Arthur, chairman of the Navajo Nation Council's Natural Resources Committee, said Navajos have backed off from their original claim to all water rights related to the San Juan River. Begaye said a settlement of water claims would benefit towns like Farmington and Bloomfield as well as the Navajo Nation. "I look at this as a partnership," Begaye said. Copyright c. 2001 Albuquerque Journal. Copyright c. 2000-2001 Noble Savage Media, LLC/Indianz.Com. --------- "RE: Tohono O'odham on a Mission for Inclusion" --------- Date: Sun 28 Oct 2001 11:16:19 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TOHONO O'ODHAM" http://www.owlstar.com/dailyheadlines.htm http://www.dallasnews.com/texas_southwest/STORY On a mission for inclusion 'They're basically asking for justice and their due' 10/29/2001 By BRYN BAILER / Special Contributor to The Dallas Morning News TUCSON, Ariz. - The nerve center of the Tohono O'odham Nation's battle to recognize all tribal members as U.S. citizens - even those residing in Mexico - is a modest house with two well-used pickup trucks out front and a less-than-stately view of Interstate 10 a block away. "I've more or less volunteered to be a full-time volunteer with the Tohono O'odham project," said Lupe Castillo, a genial woman who interrupts her TV viewing long enough to retrieve citizenship-campaign books from a pile on her living-room couch. The humble setting belies the intensity of the tribe's effort, which includes slick, full-color briefing books for lawmakers and face-to-face meetings with governmental officials, community groups, and media organizations to garner support for the legislation. This summer, the tribe undertook a lobbying effort that sent soft-spoken tribal elders to the office of every congressional representative in Washington, D.C. The tribe has spent $400,000. The Tohono O'odham tribe's goal is simple: to gain American citizenship status for about 8,400 of its 24,000 members. Some are not considered U.S. citizens because they live on traditional tribal lands just inside the Mexican border. About 7,000 others were born in this country, often at rural reservation homes and without birth certificates, so they cannot prove they were actually born in the United States. "We weren't on the national map, and we wanted to introduce ourselves," Tohono O'odham general counsel Margo Cowan said of the elders' face-to- face meetings at the Capitol. "Most of them [congressional members] found it quite shocking that there was a group of American Indians who were not considered citizens." The problem dates to 1853, when the Gadsden land purchase divided O'odham lands between Mexico and the United States. That split the 2.8 million-acre reservation - which stretches from Phoenix, through southern Arizona, to Hermosillo, Mexico - separating families and villages where O'odham have lived for centuries. Some members of the tribe - which the United States formally recognized in 1937 - cannot vote, obtain Social Security numbers, or receive retirement or veterans' benefits because they cannot prove citizenship. Others cannot travel to religious ceremonies on their own lands because they cannot qualify for visas or U.S. passports. Under tougher immigration laws passed by Congress in the mid-1990s, O'odham who travel without documents are subject to arrest and deportation as "illegal aliens." "Today, our Nation and our people are suffering because of these historical oversights, these lost opportunities," notes the briefing book that tribal elders took to lawmakers. "It is time to end our suffering. It is time to make it right. This situation is not our fault." In July, Rep. Ed Pastor, D-Ariz., introduced a measure that would amend federal immigration laws to make 8,400 enrolled Tohono O'odham members U.S. citizens. It attracted 78 co-sponsors, including primary co-sponsor Sheila Jackson-Lee of Houston, the ranking Democrat on the Immigration and Claims Subcommittee of the House Judiciary Committee. An August poll of 702 Arizonans found that residents supported the tribe's request by a roughly 2-1 margin. Other backers include the Washington-based National Congress of American Indians, as well as civil- rights, church, and border-issue groups in the region. "The kinship is very strong" between Mexican and Chicano groups and the area's Indians, said Tucson civil-rights activist Salomon R. Baldenegro. The Tohono O'odham "are not trying to pull a fast one on the U.S.," he said. "They're not trying to get something for nothing. They're basically asking for justice and their due." O'odham realize that the citizenship issue is not a deliberate attempt to hurt the tribe, but simply a mistake, said Henry Ramon, vice chairman of the Tohono O'odham Nation. "We strongly feel it's not the intent of the U.S. to put us in a negative situation," said Mr. Ramon, a Korean War veteran. "It's an oversight that because of the Gadsden Purchase, when the international line was put there, that's when the problems should have been corrected." "In our view, it just doesn't make sense," Ms. Cowan said. "I find it so ironic that when the Europeans came, the Tohono O'odham welcomed them, taught them to survive in the desert. It's a cruel irony today that some Tohono O'odham are treated like illegal aliens when they are the first Americans and the first Arizonans." Copyright c. 2001 The Dallas Morning News --------- "RE: Gover defends his Role in Recognition of Tribes" --------- Date: Fri 26 Oct 2001 08:05:21 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="GOVER/TRIBAL RECOGNITION" http://www.owlstar.com/dailyheadlines.htm http://www.theday.com/news/ts-re.asp?News Gover defends his role in recognition of tribes Ex-BIA director says researchers shouldn't be making the decisions By Eileen McNamara 0/26/2001 Researchers at the U.S. Bureau of Indian Affairs have largely hijacked the tribal-recognition process, Kevin Gover, the agency's former director, said Thursday. During a guest spot on the national radio show "Native America Calling," Gover issued a subtle message to Neal A. McCaleb, the new director of the BIA: Don't let your researchers tell you how to make recognition decisions. While he was head of the BIA, Gover, who stepped down in January, said he and the research staff that reviews acknowledgment petitions "really came to some significant disagreements. Now that doesn't mean I think they're bad guys or incompetent. I just think they have a misunderstanding of the lines of authority within the department." "This staff, in a rather unique way, feels it has the right to make recommendation decisions," he added. Wayne Smith, the newly appointed chief of staff at the BIA, said the agency's research team plays an advisory role. Smith participated in the weekly live radio show with Gover. It marked the first time former and current BIA administrators publicly discussed the controversies surrounding the recognition of Indian tribes. Smith, echoing comments McCaleb has made, said BIA leaders would closely follow the recognition procedures. McCaleb has said he intends to listen closely to the advice of his recognition research staff, a small team of genealogists, anthropologists and historians. Gover said that for too long BIA directors have taken a passive role in the recognition process, allowing the researchers to recommend decisions. Gover said he opted to take a more active role as director because researchers sometimes miss nuances of evidence in recognition petitions. Critics of the BIA have accused its experts of having a "eurocentric" view of Indian tribes that does not take into account the unique political and social structures of tribes, particularly those in New England. Gover said the BIA director should not be afraid to rewrite the staff's recommendations if his opinion differs, as Gover did last year in the proposed findings of the Paucatuck Eastern Pequots and Eastern Pequots of North Stonington. The Branch of Acknowledgment and Research, the agency within the BIA that reviews all tribal petitions, determined that both tribes failed two of the federal recognition criteria. Gover said he rewrote the decision "to my views of the evidence." The state and three local towns are now suing to overturn the preliminary decision, arguing that Gover ignored his staff's recommendations. Gover, who was appointed by President Clinton, has been at the center of much of the controversy surrounding tribal recognition. He has said that his researchers did not give enough credence to the state's long recognition of the Easterns and the Paucatucks. Other political leaders who served with Gover were likewise accused of overturning staff recommendations and loosening tribal-recognition rules to grant recognition to groups that didn't meet the acknowledgment criteria. McCaleb, who was appointed by President Bush to replace Gover, has indicated that he will take a different approach. Several weeks ago, he overturned decisions by Gover's former assistant to grant preliminary recognition to two bands of the Nipmuc Nation of Massachusetts and final recognition to the Duwamish tribe of Washington. The BIA also is reconsidering the final recognition Gover granted the Chinook Indians, also of Washington. "Native America Calling" is a weekly program that focuses on issues in Indian Country. This week's segment explored whether the tribal recognition process has become, as host Harlan McKosato called it, a "political hot potato...that no one wants to touch." Smith rejected that notion. He said that while the BIA for the first time is mired in controversy, the agency is still capable of handling the acknowledgment process. McKosato questioned whether McCaleb's decision to overturn some of the previous administration's recognition decisions was partly motivated by criticisms of Gover raised by Connecticut Attorney General Richard Blumenthal and three local towns. He also questioned whether the new Republican administrators are giving towns and states, which are concerned about casino developments, too much of a voice in the acknowledgment process. Smith said opponents of tribal recognition did not sway BIA officials. Gover said the BIA has become overwhelmed by the debate over casinos and recognition and can no longer do its job. With fewer than two petitions decided each year by the BIA, the agency "is not getting its job done," he said. e.mcnamara@theday.com Copyright c. 1998-2001 The Day Publishing Co. --------- "RE: Study finds Deep Flaws in Tribal Recognition" --------- Date: Thu 1 Nov 2001 10:38:08 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RECOGNITION FLAWS" http://www.pechanga.net/ http://www.ctnow.com/news/local/hc-gao1101.artnov01.story?coll Study Finds Deep Flaws In Tribal Recognition - Suggests Financial Clout Could Influence Decisions November 1, 2001 By RICK GREEN, Courant Staff Writer The process of awarding federal recognition to Indian tribes is deeply flawed - distorted by financial influence, marred by long delays and administered by an under-funded agency, a much anticipated federal study has found. The conclusions echo criticisms of the federal Bureau of Indian Affairs' recognition process from all corners. Virtually nowhere is the matter more closely followed right now than in Connecticut, where five Indian groups are petitioning to become tribes and six more are in the early stages of the lengthy process. "Weaknesses in the process create uncertainty about the basis for recognition decisions. The end result could be that the resolution of tribal recognition cases will have less to do with the attributes and qualities of a tribe ... and more to do with the resources that petitioners and third parties can marshal," according to a draft of a General Accounting Office report obtained by The Courant Wednesday. Members of Congress declined to comment about the report, which has not been officially released. To avoid the controversy that has enveloped federal recognition, the GAO urged that clear guidelines be developed and used in tribal recognition decisions. It also urged Congress to provide the resources the BIA needs to do its job. State Sen. William H. Nickerson, R-Greenwich, a critic of the tribal recognition process, called on Congress to immediately order a halt to the recognition of new tribes. "The report ... is a confirmation of what many have found to be the case," he said. "The process as now constituted is utterly inadequate. ... You can't put applications into a broken meat grinder." Federal acknowledgment is of tremendous importance, the GAO noted, because once they are recognized, tribes are eligible for billions of dollars in federal aid. And in states such as Connecticut, where gambling is legal, they can open casinos. Indian gambling has grown 60-fold to a $10 billion business since 1988, when Congress passed the Indian Gaming Regulatory Act. The report also notes that while there is "less certainty about the basis of recognition decisions," gambling run by Indians has surged, with tribal gaming revenues surpassing even Nevada and Atlantic City. Still, only about two dozen tribes earn the bulk of gambling money. Connecticut's two Indian-owned casinos capture 20 percent of the annual business. Concern over recognition grew when Kevin Gover, who headed the BIA under President Clinton, overruled professional staff in a number of key decisions, siding with tribes shortly before he left office. Neal A. McCaleb, who now heads the BIA, reversed some of Gover's rulings last month, including a preliminary recognition granted the Nipmuc Indians, who hope to build a casino on the Massachusetts-Connecticut border. The GAO report was requested by six members of the House of Representatives, including Rep. Nancy L. Johnson, R-6th District, Rep. Christopher Shays, R-4th District, and Rep. Rob Simmons, R-2nd District. In comments about the pending GAO study last December, Shays called federal recognition "a smelly process. ... A few key members [of Congress] convince somebody else and you have an Indian tribe. And it's all about gambling. Gambling basically is inherently dishonest." Gover, now a lawyer in private practice in Washington, D.C., recently said federal recognition is about restoring aboriginal rights to Indians - not about gambling. In "contentious cases," it is entirely appropriate for the BIA head to step in and make the recognition decision, he said. He predicted the existing process of recognizing Indian tribes will collapse and the courts will have to step in and straighten it all out. "The GAO report is really cooked. It is very much shaped by the members of Congress who requested it," he said, referring to opponents of expanded Indian gaming. The GAO report suggests there are problems both with the complicated decisions made by BIA's professional staff of genealogists, anthropologists and historians who must assess whether a group is really an Indian tribe - and with political appointees like Gover, who overrule them. "Clearer guidance on the key aspects of the criteria and supporting evidence used in recognition decisions is needed. The lack of guidance in this area creates controversy and uncertainty for all parties about the basis for decisions reached," the GAO report states. For example, while Gover felt that one Indian group - in which just 48 percent of the members were descended from a historical tribe - merited federal designation, his professional researchers did not. BIA's rules are "largely silent" on what standard should be used in a case like this, the General Accounting Office noted. "Leaving key aspects open to interpretation increases the risk that the criteria may be applied inconsistently to different [tribes]," the report states. Meanwhile, the BIA is swamped with applications from groups aspiring to become federally recognized Indian tribes, even as its staff has been cut by more than a third. The GAO report estimated that it could take 15 years to resolve the 13 tribes currently being "actively considered" for recognition. Regulations say the process is designed to take two years. Overall, there are 198 Indian groups at some stage in the tribal recognition process. "While resources have not kept pace with workload, the process also lacks effective procedures for addressing the workload in a timely manner," the report states. "BIA has no mechanism to balance the need for a thorough review of a petition with the need to complete the decision process." Copyright c. 2001 by The Hartford Courant. --------- "RE: Etowah National Historic Landmark in Danger" --------- Date: Saturday, November 03, 2001 10:42 AM From: "Marianna Bailey" Subj: Received this today ------- FORWARD, Original message follows ------- From: Yuchimicco@aol.com Subj: Etowah National Historic Landmark in serious danger >To: GA-NATIVEAMERICANS-L@rootsweb.com Etowah Mounds (Italwa in the Muskogee language) near Cartersville, GA, one of the most important archaeological sites in the United States, may soon become a green spot in a golf course-country club for the elite. The State of Georgia's Department of Natural Resources, with the blessings of the White House, is secretly negotiating the long term lease of the site to mega-millionaire, ultra-right wing industrialist. The developer plans to develop a golf course-country club - luxury housing development on lands around the state owned site. He has already built some buildings within portions of the Etowah Valley National Historic District, that were not state-owned. In return for the state and federal government not enforcing a multitude of laws, the developer would tear down the existing museum, build a new one named after himself, but give its operation to a one man private foundation run by a member of the Board of Directors of the Georgia Department of Natural Resources. The professional staff at the museum, some of whom are of Muskogee or Hitachi Creek ancestry, would be fired. Already, land disturbance activities by the developer has caused 1-2 feet of sediment to flow into the 1000 year old moat around the fortified town. Inspectors from local and state agencies have refused to do anything because of the political power of this man. The entire moat is within state-owned property lines and the boundaries of the National Landmark. Besides being the sacred mother town of the Upper Creeks, it was also the site of a Historical Cherokee Village between about 1790 and 1838. Etowah is a National Landmark within the Etowah Valley National Historic District and within the Flood Hazard Zone of the Etowah River. Luxury housing and private roads would be built in flood plains over the locations of satellite villages, ancient house sites, minor temple mounds and hundreds or thousands of graves. In recent years, archaeologists have discovered that the portion owned by the state was really just a citadel or ceremonial center for a settlement that stretched for miles. Only a mile away was discovered a walled town of equal size to Etowah (and with three large temple mounds) which dated from 0 AD. Unfortunately, it was lost to excavation for fill soil to build a state highway and the construction of the new high school. Within the Etowah Valley National Historic District are permanent agricultural village sites which date from at least 500 BC. The White House has reportedly informed the BIA , EPA and National Park Service officials who would normally stop such a diabolical scheme, that they would be terminated immediately if they interfered. The developer was a major contributor to the campaigns of President Bush and the arch- conservative transplant from Iowa, Congressman Bob Barr. The site is currently in Barr's District, but will not be after the next congressional elections. Kvwake-tchobi Talking Rock, GA --------- "RE: Native Leaders criticize Anti-terror Bill" --------- Date: Sun 28 Oct 2001 11:16:19 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ANTI-TERROR/ANTI-TRIBE" http://www.owlstar.com/dailyheadlines.htm http://www.canoe.ca/CNEWSAttack011028/28_crit-cp.html Native leaders criticize anti-terror bill By SUE BAILEY-- The Canadian Press Sunday, October 28, 2001 OTTAWA (CP) -- Aboriginals who block roads or take other disruptive action to defend their rights are prime targets under proposed anti- terrorism legislation, native leaders say. And they're taking no comfort from Justice Minister Anne McLellan's assurance that sweeping measures proposed by Ottawa won't outlaw peaceful protest. "The legislation is very vague," said Stewart Phillip, head of the Union of British Columbia Indian Chiefs, representing 70 leaders. "And it would appear to give governments and police agencies wide-ranging power. "We've come a long way in our struggle to break the silence of our oppression, and I'd really hate to see governments exploit this legislation to muzzle us." Aboriginal groups are "even more vulnerable to criminalization" than they were before terror attacks rocked the United States on Sept. 11, Phillip said. He and other native leaders are unsettled by how broadly terrorist acts are defined in the bill now making its way through Parliament. Any action based on political, ideological or religious motivation that's meant to intimidate the public or compel the government to act in a certain way could qualify. Under the bill, a terrorist act must be intended to cause death or serious injury, endanger life, put public health at risk, cause substantial property damage likely to be accompanied by personal harm, or seriously disrupt essential services. "We want to make sure the definitions are more precise," said Larry Sault, grand chief of the Association of Iroquois and Allied Indians, representing about 16,000 status Indians in Ontario. "I've never said I advocate violence," he added. "But we have to have a mechanism in place to vent our issues to the federal and provincial governments," regarding aboriginal treaty rights enshrined in the Constitution. "We don't want to be called terrorists if we put up a friendly roadblock." Sault wrote to McLellan on Oct. 24 to express the association's concerns. "We ... share (the government's) desire to protect this land from activities and behaviours that are unjustifiable and threaten life, liberty and public security," he wrote. "At the same time, we must be certain that our rights are preserved." Sault urged McLellan to add clauses to the bill that would recognize aboriginal rights, and force Ottawa to renew sweeping police powers after three years if they can still be justified. Another aboriginal critic, who didn't want to be named, wondered: "What's ideological terrorism? The fact that we believe in self- government? (The bill) seems to be a bit too broad at this point to inspire any kind of confidence." Other political dissidents have raised similar concerns, and the proposed legislation could still be refined by the Commons justice committee before it returns to the House of Commons for more debate and a final vote. It also must clear the Senate to become law. Matthew Coon Come, head of the Assembly of First Nations, Canada's largest native rights group, is to appear Thursday before the justice committee. The outspoken critic of Canada's aboriginal policies is expected to oppose the bill's potential limits on traditional protest tactics. Copyright c. 2001, Canoe Limited Partnership. All rights reserved. --------- "RE: Aboriginal Chiefs not Consulted over Logging" --------- Date: Tue 30 Oct 2001 08:56:32 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="LOGGING" http://www.owlstar.com/dailyheadlines.htm http://ottawa.cbc.ca/editorServlets/View?filename=abolog011029 Oct 29 2001 01:04 PM EST Aboriginal chiefs not consulted over logging Ottawa - Aboriginal people in Ontario are angry they're being left out of the consultation process when it comes to forestry development on treaty land. Ministry of Natural Resources is considering logging north of Sioux Lookout. Deputy grand chief of the Ontario Cree, Raymond Ferris, says while the Ministry has heard from some communities, he's worried that their Cree and Ojibwa neighbours further north haven't had their say. Ferris wants the government to spend more resources looking at how the industry will affect communities. "The chiefs have passed policies and procedures on how we want to be consulted," says Ferris. "So far, the government is not listening to that. So, we probably will be having a conflict or confrontation if the government proceeds the way they're going." Ferris says logging roads disrupt native rights to hunt and trap. Assistant deputy minister Mike Willick says the native community, and not the government, initiated the forestry development plans in the first place. "Some aboriginals that are in the area immediately north of where we practice forestry have been indicating to us that they're interested in developing forest harvesting opportunities. So, when someone comes to the door and says they'd like to do this, we work with them," says Willick. The chiefs plan to present their concerns to the Ministry of Natural Resources this week. Copyright c. 2001 CBC. All Rights Reserved. --------- "RE: Health and Education outrank Governance" --------- Date: Wed 31 Oct 2001 08:24:10 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HEALTH/EDUCATION" http://www.owlstar.com/dailyheadlines.htm http://www.canada.com/news/story Health, education outrank governance as priorities for natives on reserve SUE BAILEY Canadian Press Tuesday, October 30, 2001 OTTAWA (CP) - Indian Affairs Minister Robert Nault downplayed a survey Tuesday that shows reserve residents are far more concerned about health and social issues than about his much-touted governance plan. Children, health care, education and treaty rights eclipsed governance issues in the survey. Just two per cent of 1,427 adult residents polled by telephone from Aug. 7-20 said self-government should be Ottawa's prime focus for First Nations. But Nault said that doesn't mean his focus on governance is at odds with the top concerns of those surveyed. "To me, they're not out of sync," he said. "It's just one survey and it's our first survey. And I hope to do more, because I think it's time we do talk to aboriginal people." Self-government ranked 10th on a list of other priorities, and just 53 per cent of respondents - when prompted by surveyors - agreed that aboriginal self-government is "a good idea." The results were no surprise to Matthew Coon Come, national chief of the Assembly of First Nations. "First Nations . . . want to deal with bread-and-butter issues of health, education, eradicating poverty, land claims, treaties," Coon Come said Tuesday. He later repeated that message to the Commons finance committee, asking for $4.2 billion over five years for a range of social and infrastructure programs. Prime Minister Jean Chretien sent "strong signals" in his last speech from the throne that he wants to help First Nations, said Coon Come. Self-sufficiency remains their ultimate objective, he added. "There is a need to establish our own institutions, with control and responsibility." The survey, billed as the first of its kind, was conducted for Indian Affairs by Ekos Research Associates. It is considered accurate to within 2. 6 per cent, 19 times out of 20. The results come as Nault is set to enter the next phase of much disputed plans to improve governance on reserves. More than 400 cross-country consultations with First Nations held by Indian Affairs this summer wrap up Wednesday. Nault angered many native leaders last spring when he announced plans to introduce by late fall legislation to tighten band administration, fiscal accountability and to better reflect concerns of residents on and off reserve. Many chiefs and residents boycotted the talks on how to revamp the 125- year-old Indian Act, saying the process was too rushed to offer real input. They also urged Ottawa to focus on more pressing needs such as health care, housing and social issues. Nault now says the legislation won't likely come until sometime this winter, but plans are still on track. The minister noted that 71 per cent of survey respondents agreed that having "the tools for good governance" would ease economic and social development. "Aboriginal people themselves link good governance . . . to creating an economy and dealing with those practical issues" such as the need for improved health and social conditions, Nault said in a brief interview Tuesday. Asked about the Indian Act, half of survey respondents said it needs some change but works reasonably well. Twenty-five per cent think major changes are needed. Sixty-seven per cent of those who believe the act should be changed said band residents should have a direct say. The survey covered issues ranging from governance to reserve conditions. It reveals a stark contrast between poorer, less educated residents who are generally more optimistic about their lives and outlook, and the comparatively negative views of educated, wealthier respondents. Better educated residents who are in more frequent contact with Ottawa tended to express the most dissatisfaction with government service. The most sophisticated respondents also held the most negative views on reserve conditions. "It is perhaps surprising, however, to see First Nations people providing a somewhat more optimistic view than the general public" about reserve conditions, the survey concludes. Of those surveyed: * Forty-one per cent agreed they have "absolutely no say" in how their reserves are run, while 36 per cent disagreed with that statement. * Forty-eight per cent can access the Internet, compared to 67 per cent of the general public. * Eighty-three per cent agreed with the statement "I think that aboriginal people could do more to help themselves." * Forty-eight per cent have less than high school education, compared with 18 per cent of the Canadian population. * One in three said government service is poor, compared to one in five Canadians. Copyright 2001 The Canadian Press --------- "RE: Native Self-governance Institute Shut Down" --------- Date: Fri 2 Nov 2001 10:38:08 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SELF-GOVERNANCE INSTITUTE" http://www.owlstar.com/dailyheadlines.htm ttp://www.cbc.ca/cgi-bin/templates/view.cgi?/news/2001/11/02/native_funds Native self-governance institute shut down Fri Nov 2 06:33:48 2001 OTTAWA - Ottawa has cut off the funding to an organization that was set up last spring to explore native self-governance. The First Nations Governance Institute, which was created in March with more than $800,000 of federal money, has shut down. The First Nations Governance Institute was set up in an office on the Long Plain reserve in Manitoba, bringing computers and jobs. Intended to spearhead research and study into different models of native self-government, the institute was endorsed by the Department of Indian Affairs. The concept of the institute was recommended by the Royal Commission on Aboriginal Peoples, and the federal government's own strategy on native people. "Everyone agreed this institute was needed, including the federal government," said Matthew Coon Come, national chief of the Assembly of First Nations. "Officials from the Department of Indian Affairs worked with First Nations to set it up." Indian Affairs Minister Robert Nault cut off the funds this week. "Every time you turn around there's another organization, another think- tank created," he said. "What we need to do is put resources in the communities where they can have the most impact, and make the most difference." For months Coon Come and Nault have been locked in a public battle over an AFN boycott of the minister's plan to rewrite the Indian Act. Nault has slashed AFN's budget as well, and the assembly laid off 70 people last month. Coon Come calls Nault's decisions part of a consistent and disturbing pattern, which has more to do with control, than helping with First Nations. Written by CBC News Online staff Copyright c. 2001 CBC. All Rights Reserved. --------- "RE: Feds to compensate Residential School Survivors" --------- Date: Tue 30 Oct 2001 08:56:32 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FEDS/REZ SCHOOL CASES" http://www.owlstar.com/dailyheadlines.htm http://winnipeg.cbc.ca/editorServlets/View?filename=mb_residential291001 Oct 29 2001 06:32 PM CST Feds to compensate residential school survivors Winnipeg - Residential school survivors in Manitoba received some good news Monday. The federal government announced will pay to compensate the survivors of abuse in the institutions. Over 8,000 of the estimated 100,000 aboriginal children aged six and up that attended government-funded residential schools from 1930 to 1996 claim they suffered physical, sexual and cultural abuse at the hands of their teachers and priests. In 1996, the federal government officially apologized to survivors of abuse at the schools. Three years ago, Ottawa began negotiations with the churches that ran the schools to determine who was responsible for what. Deputy Prime Minister Herb Gray announced Monday that the federal government will pay 70% of the cash settlements reached out of court, leaving another 30% to be paid by the churches. Bill Percy, a lawyer representing some Manitoba claimants, says the move will put pressure on the churches involved to reassess their positions. "There's an acknowledgement by the majority of the churches that wrongs were done to these people - I wouldn't expect the churches to want to avoid total responsibility," he says. "I would like to think the churches would soon get in behind the government proposal and, if not prepared to pay the full 30%, something very close to that, to resolve these claims out of court." A spokesperson from Minister Gray's office says the announcement doesn't mean the federal government is accepting 70% of the responsibility for what happened - it's just paying for 70% of the compensation. Copyright c. 2001 CBC. All Rights Reserved. --------- "RE: Feds offer Settlements to Indian Students" --------- Date: Tue 30 Oct 2001 08:56:32 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FEDS/SETTLEMENTS" http://www.owlstar.com/dailyheadlines.htm http://www.canada.com/national/story Feds offer settlements to Indian students OTTAWA (CP) -- The federal government is prepared to pay 70 per cent of settlements reached out of court with about 1,000 former Indian residential school students, Deputy Prime Minister Herb Gray announced Monday. The offer - made to about 500 plaintiffs whose trials are imminent and to another 500 already in alternate dispute resolution - comes despite continuing talks with the churches that once ran the live-in schools for Ottawa. "Even though we haven't yet reached an agreement with the other group of defendants _ certain church organizations _ on apportioning or dividing our joint liability, we're ready to settle directly with native claimants on the the basis of 70 per cent of their valid claims . . . ," Gray said outside the Commons. Federal negotiations with the Catholic, Anglican, United and Presbyterian churches on how to share the cost of compensating former students have so far failed. "In spite of our efforts to reach an agreement with certain church organizations, we're still quite far apart," said Gray. "We should get back to our priority, and that's helping the victims who can prove they have valid claims of sexual and physical abuse." Negotiations with the churches will continue. "It's going to take longer than we had originally anticipated to come to an agreement with the churches," a source said. More than 4,200 lawsuits have been launched representing at least 8,500 claimants who allege a range of physical, sexual and cultural abuse while attending the schools. Ottawa has so far spent $37 million on settlements ranging from $15,000 to more than $300,000. It wasn't immediately clear how much this latest compensation offer could ultimately cost, but some estimates suggest the it will cost at least $2 billion. "I can't stipulate any amounts at this stage," said Gray, who heads the Office of Indian Residential Schools Resolution, formed four months ago to handle the growing backlog of related lawsuits. "We don't know how many people will respond favourably to this offer and there still has to be discussions. . . . The claims so far, without having them validated by the courts, involve several billion dollars." Ottawa could ultimately extend the offer to pick up 70 per cent of out- of-court cash settlements for all claimants willing to negotiate deals, said the source. "But we'll take the ones who are already in process first." Government officials have pushed for alternatives to the sluggish court process which could take years to resolve cases. It's estimated that more than 100,000 aboriginal children aged six and up attended the national network of residential schools from 1930 until the last one closed outside Regina in 1996. Funded by Ottawa but run by the churches until the 1970s, the schools are widely blamed for "bleaching" the native culture from aboriginal students. While some former students say they're grateful for educational opportunities, the federal government has acknowledged abuse in the schools was pervasive. Lawsuits mounted after Ottawa officially apologized in 1998 and committed $350 million to a healing fund. Copyright c. 2001 Canadian Press. --------- "RE: Churches angered by Federal Offer" --------- Date: Tue 30 Oct 2001 08:56:32 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CHURCHES/SETTLEMENTS" http://www.owlstar.com/dailyheadlines.htm http://www.canada.com/news/story Churches angered by federal offer to pay 70% of abuse settlements Robert Fife and Richard Foot National Post Tuesday, October 30, 2001 OTTAWA - After months of failed talks with Canadian churches on resolving residential school abuse claims, the federal government said yesterday it will act alone to pay compensation, covering 70% of any out-of-court settlements. The announcement by Herb Gray, the Deputy Prime Minister, angered the country's largest Christian churches. They say the decision, of which they were warned last week, rejects their many months of intense negotiations and does nothing to prevent some church groups from slipping into bankruptcy. All say they cannot afford and should not be legally accountable for 30% of liabilities, expected to total more than $2-billion. Mr. Gray suggested that intransigent church demands pushed the government to act. "We have been negotiating with the churches since June. We had a dialogue before that," he said "We still remain far apart and while our discussions with the churches will continue, I felt it was time to do something to bring the focus on ... the main priority, and that's dealing with victims of physical and sexual abuse who have valid claims," Mr. Gray said. It is not clear how the government's interim offer will solve the lawsuits filed by more than 8,500 former students of schools jointly operated by Ottawa and Christian groups. Until now, settlements have been delayed by infighting over how to apportion liability between the government and the churches. The announcement clears the way for plaintiffs to seek compensation, but they must do so out of court, abandon their claims of cultural and other "non-physical" abuse, and they may have to accept only 70% of any agreed settlement. Tony Merchant, a Regina lawyer whose firm represents thousands of residential school plaintiffs, cautiously applauded the move as a sign that compensation monies might soon be paid out. "Some victims will sign up for their 70% and be done with it," he said. "It won't, however, have any impact at all on the process of settling claims or on the government's attitude, which is to put plaintiffs through all these legal hoops to try to beat the compensation figures down as far as possible." The government has so far spent $37-million on settlements ranging from $15,000 to more than $300,000 per person. Mr. Gray acknowledged the cost to Ottawa and the churches could involve several billion dollars. He said no money will be paid unless claims are resolved outside of trial or validated through alternative dispute resolution [ADR] programs. Those programs have been a failure so far, partly because the government has insisted that churches share the cost of ADR projects and any settlements they produce on a 50-50 basis. The churches say the government was the major historical player in residential schools and must bear most of the liability. That issue has bogged down negotiations all summer between Ottawa and the Roman Catholic, Anglican, United and Presbyterian churches. But the major stumbling block is whether the government should cap church liabilities, and if so, at what figure. The churches say a cap would allow them to survive the financial drain of lawsuits. Ottawa insists the churches have deeper pockets than they admit. The courts have not been consistent on apportioning blame. In one British Columbia case, a judge divided liability 60% for the church and 40% for the government, while in August, in another B.C. case, liability was divided 25% for the church and 75% for Ottawa. Although yesterday's announcement more closely mirrors the August court ruling, the government is appealing that decision. "Even though we haven't yet reached an agreement with the other defendants -- the church organizations -- on apportioning and dividing our joint liability, we are ready to settle directly with native claimants on the basis of 70% of their valid claims," Mr. Gray said. Church leaders yesterday said the residential school issue cannot be solved by unilateral action. They say the government must set up a comprehensive settlement system that protects church groups from bankruptcy while rapidly validating the claims and compensating abused former students. "As an interim measure, this allows some measure of relief to plaintiffs," said Gerry Kelly, an advisor to the Canadian Conference of Catholic Bishops. "It's a step in the right direction, but it is in no way an acceptable conclusion." Anglican and United church officials said they would need time to decide whether to participate in a 70-30 settlement process. Archdeacon Jim Boyles, a senior negotiator for the Anglican Church, said he still hopes a better deal can be struck with Ottawa. "Church people are upset by this unilateral action," he said. "But we're hoping to continue negotiations with the government because the question of justice for aboriginal people is more important than the question of whether we've been offended or not." Copyright c. 2001 National Post --------- "RE: Grand Chief: Indian Act survey Superficial" --------- Date: Thu 1 Nov 2001 10:38:08 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="INDIAN ACT" http://www.standard-freeholder.southam.ca/ Indian Act survey 'superficial,' says Grand Chief Mitchell By Terri Saunders Standard-Freeholder Akwesasne A local First Nations leader says Canadians are not informed about issues surrounding native communities, and a national survey regarding proposed changes to the Indian Act is "superficial." Grand Chief Mike Mitchell, of the Mohawk Council of Akwesasne, the elected body which governs the Canadian portion of Akwesasne, said a recent poll conducted by the Department of Indian and Northern Affairs into whether there should be an overhaul to the Indian Act is nothing more than an attempt to gauge the temperature of public support. "Obviously, the government is ready to take a position on this," Mitchell said. "They want to see what position Canadians will support." But Mitchell said most Canadians have not been adequately educated about issues facing native communities. "Generally, Canadians are not going to understand what goes on inside the First Nations communities," said Mitchell. "At least not without more of an explanation." The telephone survey was conducted from Aug. 7-20. It suggested more non-natives than natives support overhauling the act. It also suggests just 53 per cent of natives view self-governance as a good idea. Concerns about survey Mitchell has concerns about other aspects of the survey. "Nobody was consulted in Akwesasne," he said. "What they did was focus on a few small First Nations communities, so I don't believe they got the whole picture." Mitchell said such polls only succeed in furthering conflicts between First Nations leaders, the ministry and First Nations national chief Matthew Coon Come. "The First Nations assembly has been butting heads with both the ministry and the national leader for some time," said Mitchell. "But they've had drastic cutbacks in their budget and they're trying to deal with that as well." Mitchell said that although he's following what's happening on the national scene closely, his focus remains on the issues at home. "For Akwesasne, I continue to work closely with local politicians to make changes necessary for the good of our community," said Mitchell. "Part of that work is to build relations with the government, and address the issues that exist between natives and Canadians." Copyright c. 2001 The Standard-Freeholder. All Rights Reserved. --------- "RE: Mohawk Police stretched watching Porous Border" --------- Date: Thu 1 Nov 2001 10:38:08 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MOHAWK POLICE" http://www.pechanga.net/ http://indiancountry.com/?2756 Mohawk police stretched watching busy, porous border - Doing extra work without increased federal resources October 31, 2001 - 11:00am EST by: Jim Adams/Indian Country Today HOGANSBURG, N.Y. - On a busy Tuesday night in late September, the undermanned St. Regis Mohawk tribal police took six hours from regular duties to track and arrest an illegal crossing the border from Canada. Although security has peaked on the International Boundary since the Sept. 11 terrorist attacks, the arrest was almost routine for the 13 uniformed officers of the Tribal Police Department. Not only does the force serve the 4,500 inhabitants of the 14,000-acre St. Regis Mohawk Reservation in far northern New York, it provides an indispensable part of the United States watch along a border hot spot. "We'd be in a deep problem if we didn't have the cooperation we do," said Ed Duda, assistant chief of the U.S. Border Patrol. "This stretch of border is extremely hard to patrol. It's got to be the biggest operational challenge for the U.S. Border Patrol." "We've been very concerned about border issues for many years," St. Regis Police Chief Andrew Thomas said. "We've had very close cooperation with the U.S. Border Patrol for the past six or seven years." Yet the tribal police pays for border work out of the department budget, with no extra help from the federal government. Thomas said he has discussed additional funding with federal officials, so far with no result. The last incident highlighted the popularity of Akwesasne as an illicit point of entry. Another 4,000 Mohawks live on the Canadian portion of the reservation, and many regard the border between two Euro-American entities as an irrelevancy. The nine miles of river and island territory have long seen free movement of Natives and "contraband," but a sinister new element has appeared in the past decade with immigrant smuggling. "We have a lot of contact with illegal aliens," Thomas said. In spite of the tension over terrorist infiltration, this focus "is not anything new, we've been doing it right along." Duda provided statistics showing the dramatic growth in enforcement. In 1994, he said, the Akwesasne sector produced 67 arrests for illegal border crossings. In 2000, arrests peaked at 484. St. Regis police played a role in almost all of them, he said. Since Jan. 1, tribal police have made 68 illegal alien arrests. The figures vary in the wake of major crackdowns, Duda said. In December 1998, federal agents and tribal police made headlines with Operation Over the Rainbow, which cracked a major immigrant smuggling ring reaching to China and Malaysia. The result of a two-year investigation, it led to 47 arrests. The smugglers were accused of planning to bring at least 3,600 undocumented Asians into the country at a going rate of $47,000 each. "That's $170 million from one operation," Duda said. "It's big money." Thomas said that unfortunately, the money attracted some Mohawks. "A few from our community participated with that ring." Enemies of the Mohawks have used these incidents to portray Akwesasne as a lawless frontier. A series of newspapers ads sponsored last year by casino rival Donald Trump tried to tar the tribal government with the crimes. Trump later paid a record fine to a New York State commission, which ruled that the ads were an illegal lobbying campaign. Thomas noted that tribal police work on the case won an Inter-Agency Assistance award from the federal Department of Immigration and Naturalization. "We are one of three agencies around the country that received that award. We have a nice plaque hanging in our office." Duda said the border patrol planned to step up its cooperation with the tribal police, trying ride-alongs with tribal officers. He said the patrol had also begun "cultural sensitivity" training to acquaint its agents with Mohawk traditions. He also mentioned a suggestion from Mohawk Grand Chief Michael Mitchell, a leader on the Canadian side, to set up a Mohawk border patrol. "I think the Mohawk community would be receptive to that idea," Duda said. Although border patrol officials are not allowed to discuss security measures since the Sept. 11 attacks, Duda said that Washington would be much more conscious of the Mohawk contribution as a result. The attacks brought an immediate response from Chief Thomas and the St. Regis Tribal Council. On Sept. 12, they issued a "Special Alert" to all community residents "to report any suspicious people or questionable activity." "Unrestricted border entry points in Akwesasne have made our community an easy target for terrorist groups to gain illegal entry into the United States or Canada," the alert noted. "Police authorities have repeatedly warned Akwesasne officials of the criminal activities of dangerous individuals who are unable to enter the United States through proper legal channels and who may travel through our territorial waters, islands and mainland." The tribal council said it "will not condone such conduct nor support any community member involved and convicted of such activities." The threat of terrorist border crossings used to be a perception, Duda said, but now it is very real for all enforcement personnel, including the tribal police. "The guys are taking it personally." Copyright c. 2001 Indian Country Today. --------- "RE: Patchwork Jurisdiction hampers Tribal Police" --------- Date: Thu 1 Nov 2001 10:38:08 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ONEIDA POLICE" http://www.pechanga.net/ http://indiancountry.com/?2757 Patchwork jurisdiction hampers tribal police Cross-deputization eases enforcement problems November 01, 2001 - 07:00am EST by: Jim Adams/Indian Country Today ONEIDA, N. Y. - How long is the arm of tribal law enforcement? The reach of tribal police poses one of the most vexing and emotional questions in the complicated law of Indian sovereignty. Jurisdiction is determined by a patchwork of federal and state law, further complicated by recent U. S. Supreme Court decisions. Public Law 280, the Indian Civil Rights Act, the Major Crimes Act, all impose federal limits on tribal sovereignty that can vary from state to state and tribe to tribe. Land settlement agreements between tribes and states impose further conditions. Tribal police departments sometimes try to straighten out the kinks by cooperative agreements with state and local police, "cross- deputizing" officers so they can work in each other's jurisdictions. But, as has happened with the Oneida Indian Nation, local politics sometimes interferes, making the law officers' lives more difficult. This patchwork has prompted a major initiative from the International Association of Chiefs of Police (IACP), the world's largest organization of law enforcement executives. At its annual summit on Oct. 28 in Toronto, Ontario, the IACP, representing 17,000 departments, was set to adopt an important report entitled "Improving Safety in Indian Country." The report was drafted by the association's Tribal Police Section, headed by Ed Reina, chief of the Yavapai-Prescott Tribal Police Department. One of its main concerns is promoting "cross-jurisdictional" cooperation among tribal, federal state and local law enforcement. An advance draft said the association will reach out to non-Indian agencies to improve relations with tribal police. It specifically calls for collaboration with the National Sheriffs Association and urges the U. S. Department of Justice to host a tribal law enforcement summit focused on increased cooperation. The police chiefs' summit also recommends further "multi-jurisdictional investigative units" that cut across tribal, state and federal boundaries. An example of such a unit is at work on a 20-year-old unsolved murder on the Oneida Homeland. The Oneida Indian Nation tribal police are working closely with the FBI, the New York State Police and the Oneida County Sheriff's office to reopen a "cold case" involving the rape and murder of a young non-Indian woman. Although constrained from giving detail about the open investigation, Oneida Nation Police Chief John Folino said, "I can tell you we have cooperated with them on this. The nation police played a big role in reinvigorating (the investigation) because of our involvement in the Task Force. They have acknowledged our work on this and said that they would have had more difficulty without us." In spite of the professional cooperation, the Oneida Nation police are feeling the effects of local politics on jurisdiction. From 1994 to early 2000, Folino said the force had a cross-deputization agreement with the neighboring Oneida and Madison counties. "All of our people were deputized as a special deputy with each county," Folino said. "Under this agreement, our people could make arrests, go to court, get warrants and do the basic things that before they were only able to do on Indian land. They were able to do this for non-Indians." But at the end of March, 2000, the counties canceled the cross- deputization, under pressure from a local anti-Oneida group called Upstate Citizens for Equality. Now when the nation police arrest a non-Indian on tribal land, they have to turn him over to a sheriff's deputy or merely escort him off Oneida property. The county authorities make the decision whether to follow up with prosecution. "We have fairly good cooperation with the department," Folino said. "We have to realize they are sometimes strapped for manpower. They do respond." But the lack of an agreement is definitely a burden, he said. In the year after its cancellation, he said, the 37 sworn officers of the nation police handled 10,000 calls. "Many of these were not crucial," Folino said. "A lot of them were service calls." But , he added, "It's about efficiency." With the deputization agreement, he said, "it would be that much more efficient." "Not that we can't do it. We do do it. But, yes, it's a problem." Copyright c. 2001 Indian Country Today. --------- "RE: Convicted Cops ask for Sentencing Circle" --------- Date: Wed 31 Oct 2001 08:24:10 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SENTENCING CIRCLE" http://www.owlstar.com/dailyheadlines.htm http://www.canoe.ca/NationalTicker/CANOE-wire.CRIME-Officers-Aboriginal October 30, 2001 Cops convicted in dumping aboriginal man in winter ask for sentencing circle SASKATOON (CP) -- Two former police officers convicted of dumping an aboriginal man on the outskirts of Saskatoon in freezing weather have asked for a sentencing circle, a form of justice usually reserved for aboriginal offenders. Dan Hatchen and Ken Munson, neither of whom is aboriginal, made the request Tuesday at their sentencing hearing. "This community has a rift in it. There is a rift between the white community and the aboriginal community," said Hatchen's lawyer, Bill Roe. "It certainly is our hope that a sentencing circle may help to heal that rift by allowing input from the aboriginal community and the white community," he said. Munson and Hatchen were fired from the Saskatoon force after being convicted of unlawfully confining Darrell Night. The maximum penalty for unlawful confinement is 10 years in prison. There is no minimum sentence. A sentencing circle comprises several people, including the victim of a crime, and focuses on healing for both victim and offender. The group's recommendations are brought before the judge, who has the discretion to make amendments if it's felt the penalty is either too lenient or too punitive. "To make such an application at the 11th hour, when they know full well what the requirements are for such an application to be successful, really leaves one to wonder whether this is an act of desperation," said Night's lawyer, Don Worme. "I think Mr. Night is very interested in reconciling. However, let me also say that the actions and the tactical approaches taken in this case, from the prelims through to the trial, have been anything but conciliatory." Lawrence Joseph, vice-chief of the Federation of Saskatchewan Indian Nations, called the request a "major surprise." "It's strange. It's pathetic. It's actually a slap in the face for First Nations people as a whole," said Joseph. If the former police officers are serious about the process, the federation should be involved in selecting native elders to take part in the sentencing circle, Joseph added. Teresa Hanlon, who did a master's thesis on aboriginal justice circles at the University of Lethbridge, says it's unusual for non-aboriginals to request sentencing circles. Hanlon said she knows of just one case where a non-aboriginal man raised by an aboriginal father asked to be sentenced by a sentencing circle, and that request was denied. "Sentencing circles are not lenient," Hanlon said. "The terms the community come up with are often more difficult." Judge Eugene Scheibel reserved decision on the request until Nov. 30. He wants to know, among other things, whether Night would agree to participate, one of the requirements of a sentencing circle. Hatchen and Munson arrested Night for causing a disturbance and later forced him out of their cruiser near a power station on the early morning of Jan. 28, 2000, when temperatures dipped to --22 C. Both officers admitted leaving Night at the outskirts of the city, but their lawyers argued the act, although misguided, was not criminal. They said Night pleaded to be released and asked them to drop him off anywhere. Two other aboriginal men -- Lawrence Wegner and Rodney Naistus -- were found frozen to death on the southern outskirts of the city within a 10- day period in late January and early February last year. An RCMP task force that has spent the last year looking into the deaths and other cases of alleged mistreatment of aboriginals by police recommended no charges be laid in the deaths of Wegner and Naistus. A coroner's inquest into the circumstances surrounding Naistus's death began Tuesday in Saskatoon. An inquest into Wegner's death is set for January. Night has also launched a civil lawsuit against Hatchen and Munson. Copyright c. 2001, Canoe Limited Partnership. All rights reserved. --------- "RE: Aboriginal Leader shocked by Circle Request" --------- Date: Wed 31 Oct 2001 08:24:10 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SHOCKED" http://www.owlstar.com/dailyheadlines.htm http://sask.cbc.ca/editorServlets/View?filename=sentence Oct 30 2001 06:07 PM EST Aboriginal leader shocked by sentencing circle request SASKATOON - Lawrence Joseph, a vice-chief with the Federation of Saskatchewan Indian Nations (FSIN), is shocked and appalled that two ex- police officers would ask for an aboriginal-style sentencing circle. "It's strange, it's pathetic, it's a slap in the face..." Vice-Chief Lawrence Joseph Ex-constables Dan Hatchen and Ken Munson abandoned Darrel Night, a first nations man, on the outskirts of Saskatoon in freezing weather last January. Hatchen and Munson were subsequently convicted of unlawful confinment. At their sentencing hearing Tuesday both Munson's and Hatchen's lawyers argued a sentencing circle would help heal the community. Darrel Night's lawyer, Don Worme, who is also aboriginal, is suspicious of the men's motives. "The principles of a circle are certainly reconciliation and it's our view the actions of these officers have been anything but conciliatory," Worme says Worme also wonders why the two officers now want to be judged by their community when they argued so strongly that their trial should have been moved out of Saskatoon. A move by the men to get change of venue before their trial failed. The judge in this case has given the defense lawyers three weeks to prepare a detailed proposal on the sentencing circle. He is expected to decide at the end of November whether a sentencing circle would be appropriate for the two police officers. Copyright c. 2001 CBC. All Rights Reserved. --------- "RE: Motion to reduce Peltier's Sentence Filed" --------- Date: Mon, 5 Nov 2001 14:33:35 -0600 From: "LPDC" Subj: MOTION TO REDUCE PELTIER'S SENTENCE FILED Mailing List: LPDC SUPPORT FREEDOM FOR LEONARD PELTIER! URGENT ACTION MOTION TO REDUCE PELTIER'S SENTENCE HAS BEEN FILED! CALL & FAX CONGRESS - URGE DOJ NOT TO OPPOSE MOTION Friends, Attorney Eric Seitz filed a motion last Friday, November 2, which seeks the reduction of Leonard Peltier's life sentences from consecutive to concurrent. We believe a reduction would obligate the Parole Commission to grant Leonard Peltier's release. Please contact your Senators and Representative and request they urge the Department of Justice not to oppose the motion. Your Senators and Representative can be contacted through the Capitol Switchboard #: 202-224-3121. If a D.C. office is closed, please call your local office. Below are talking points for phone calls as well as a sample letter which can be faxed. We encourage you to organize phone banks with weekly calls to your officials. If the justice department decides the reduction in sentence is merited, the judge will likely grant the motion. Thank you for your continued support! In Solidarity, LPDC TALKING POINTS: 1. Thank you for taking my call during this difficult time. I admire your continued commitment to your constituents despite the difficult circumstances you are working under. I am calling in regard to Leonard Peltier, the Native American activist who has been unjustly imprisoned for over 25 years. Amnesty International considers Mr. Peltier to be a "political prisoner who should be immediately and unconditionally released." Worldwide support for his release comes from countless human rights organizations and people of conscience, including, amongst others, Archbishop Desmond Tutu, the National Congress of American Indians, Rev. Jesse Jackson, and the U.N. High Commissioner on Human Rights. 2. Mr. Peltier was charged with the murders of two FBI agents who were killed in a shoot-out on the Pine Ridge Reservation in the midst of local political strife in which dozens of Native Americans were also killed. Mr. Peltier was sentenced to two consecutive life sentences based on the contention that he personally shot the agents. 3. The case against Mr. Peltier was rife with FBI misconduct, including the utilization of false testimony, coercion of witnesses, and concealment of critical evidence. In contrast, the killings of Native Americans during the same time were rarely investigated. 4. At trial, the FBI withheld a ballistic test reflecting Mr. Peltier's innocence and refuting the government's most critical evidence. The discovery of the lab report, acquired through a FOIA lawsuit, prompted the US Attorney to admit, "we can't prove who shot those agents." Yet, a new trial was denied based on a legal technicality by a judge who now supports Mr. Peltier's release. 5. Mr. Peltier's attorney, Eric Seitz, has just filed a motion seeking the reduction of Mr. Peltier's life sentences from consecutive to concurrent. The motion argues that the judge who originally sentenced Mr. Peltier was misled to believe Mr. Peltier shot the agents, and the sentences meted were therefore grossly disproportionate and unfair. We believe a reduction in sentence would obligate the Parole Commission to release Mr. Peltier. 6. Mr. Peltier is now 57 years old and his health is deteriorating. From prison he has achieved a remarkable record of humanitarian achievements including annual Christmas drives for the children of Pine Ridge, contributions of his art to assist battered women's shelters and substance abuse programs, and the establishment of a Native American scholarship program. 7. The reduction of Mr. Peltier's sentence would not only bring a long overdue end to his term in prison, but would also bring closure to a symbol of injustice against all Native Americans. Please contact the Department of Justice and ask them not to oppose the motion. (Case # C77-3003). The Honorable _____ U.S. Senate Washington DC 20510 The Honorable _____ U.S. House of Representatives Washington DC 20515 Dear Senator/Representative, Thank you for accepting my letter during this difficult time. I admire and respect your continued commitment to your constituents despite the difficult circumstances you are forced to work under. I am writing in regard to Leonard Peltier, the Native American activist who has been unjustly imprisoned for over 25 years. Amnesty International considers Mr. Peltier to be a "political prisoner who should be immediately and unconditionally released." His release is also supported by Archbishop Desmond Tutu, the National Congress of American Indians, Rev. Jesse Jackson, and the U.N. High Commissioner on Human Rights amongst many others. Mr. Peltier was charged with the murders of two FBI agents who were killed in a shoot-out on the Pine Ridge Reservation in the midst of local political strife in which dozens of Native Americans were also killed. Mr. Peltier was sentenced to two consecutive life sentences based on the contention that he personally shot the agents. However, the case against Mr. Peltier was rife with FBI misconduct, including the utilization of false testimony, coercion of witnesses, and concealment