From gars@speakeasy.org Tue Mar 19 22:33:54 2002 Date: 20 Mar 2002 00:56:04 -0000 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews10.012 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 Acimowin -- Plains Cree -- Story or Account Native American News -- Language of the Occupation Forces Wotanging Ikche and Native American News Copyright c. 1996-2002 nanews.org ==>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 10, ISSUE 012 | Country than is reported in | O o o o o O | this weekly newsletter. For | O o O March 23, 2002 | For daily updates & events | O o O | go http://www.owlstar.com/ | O | dailyheadlines.htm | Cree migisupizum/eagle moon +-----------------------------+ Potawatomi cicakkises/moon of the crane <================<<<< >>>>================> This newsletter is produced in straight ASCII text for greatest portability across platforms. Read it with a fixed-pitch font, such as Courier, Monaco, FixedSys or CG Times. Proportional fonts will be difficult to read. <================<<<< >>>>================> This issue contains articles from www.pechanga.net; www.owlstar.com; www.indianz.com; Minnesota Indian Affairs, ndn-aim and TribalLaw 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.'" "The American Indian is of the soil, whether it be the region of forests, plains, pueblos, or mesas. He fits into the landscape, for the hand that fashioned the continent also fashioned the man for his surroundings. He once grew as naturally as the wild sunflowers, he belongs just as the buffalo belonged..." __ Luther Standing Bear, Oglala Lakota +- -- -- -- -- -- -- -- -- -- -- -+ | 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! From a March 11, 2002 article in the New York Times came this bit of truth.... ---- Arctic Drilling Issue Draws Fire By THE ASSOCIATED PRESS Filed at 9:26 p.m. ET WASHINGTON (AP) -- Pitching the president's energy agenda, Interior Secretary Gale Norton told a farm group in Arkansas last week that oil drilling in an Arctic wildlife refuge would produce more than 700,000 jobs. She also cited the number at stops in Missouri and Indiana -- and has used it in recent months on talk shows, in speeches and in newspaper op-ed articles. But some independent economists call the figure highly suspect, based on a 12-year-old study using assumptions that may or may not be valid. A separate study for the Energy Department estimates about a third as many jobs. Environmentalists say a more accurate number -- though disputed as well -- would be about 50,000. Even some drilling supporters say the Norton number is at best a "high water mark" guess. ---- STOP RIGHT THERE! The issue is not about the number of jobs, the number of potential barrels of oil or the ability to slip the bonds of OPEC (though most industry observers doubt it will make a dent). This ecological boondoggle is a Presidential pork barrel to generate massive revenue for his and Veep Chenney's buddies at Haliburton. It will destroy a very fragile piece of our earth, period. If you think the mess of trying to recover the Everglades is staggering, you ain't seen nothing yet. Dohiyi Ani Oginalii , , Gary Night Owl gars@nanews.org (*,*) P. O. Box 672168 gars@speakeasy.org (`-') Marietta, GA 30007, U.S.A. gars@olagrande.net ===w=w=== gars@sdf.lonestar.org ----------- News of the people featured in this issue ---------- - Crossings - Call for protection - Senate Panel criticizes of Sundance and Sweat Bush Indian Budget - Tribes cry foul over Boundary - Religious Leaders back - Cowlitz Tribe asks Recognition for Duwamish to put Land in Trust - Recognition: It's time - Crow Constitutional Test for Politics in the Open ends with Lockout - Judge affirms - High Court turns away Klamath Tribes' Water Rights Off-reserve Tax Challenge - Western Shoshone Land Fight - Court won't hear fight over heads to Congress Taxing Tribal Fuel - Indian Caravan - $247 Million award leaves for Washington for Cayugas reaffirmed - Medical Needs exceed - Coalition seeks dismissal what Bush Plan Covers of Oneida Lawsuits - Community and - Oil exploration in Landless Tribe in Dispute Canyons of the Ancients - Cherokees to build - Laguna Officer Accused Housing in Bankhead of Raping Prisoner - Hopis buy Heritage Square - Peltier Appeals lost bid - Hopi College Program a Hit to reduce Sentence - BIA School Reform - Native Prisoner - Archaeologists find -- Request for Help Mayan Masterpiece -- Medical Attention Required - Challenge to Programs - History: Carlisle Indian School to benefit Native Hawaiians - Rustywire: Broken Leg - Alberta Aboriginals win - Poem: Life Sweeping Tax Exemption - Verse: Hawaiian Book of Days - Rocky Boy Voters - Extinction Threat amend Constitution to Medicinal Plants - Native America Calling --------- "RE: Crossings" --------- Date: Mon, 18 Mar 2002 08:58:09 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CROSSINGS" March 13, 2002 Delbert Saunders Sr. IYANBITO - Services for Delbert Saunders Sr., 69, will be held at 10 a.m. , Thursday, March 14 at Iyanbito Gospel Lighthouse. Pastor Mark Thomas will officiate. Burial will follow at Rehoboth Mission Cemetery. Saunders Sr. died March 10 in rural New Mexico. He was born April 21, 1932 in Rehoboth into the Two Who Came to the Water People Clan for the Mexican People Clan. Survivors include his sons, Jeffery Lynn Saunders of Albuquerque and Ronald Lee Saunders of Crownpoint; daughter, Jacqueline Sherman of Gallup; brothers, Herbert Saunders of Breadsprings and James Saunders of Albuquerque; sisters, Ada Haley, Dorothy Lee, Marjorie Saunders and Betty Lee all of Iyanbito and 11 grandchildren. Saunders Sr. was preceded in death by his parents, Ellen and Jimmy Saunders; brothers, Benjamin Saunders, Gilbert Saunders, Jay Saunders and Raymond Saunders and sister, Alice Saunders. Pallbearers will be John Chee, Daryll Lee, Harold Lee, Roger Lee, Arthur Saunders and Russell Lee Saunders. Rollie Mortuary is in charge of arrangements. Bahe Woody ROUGH ROCK, Ariz. - Services for Bahe Woody, 81, were held at 10 a.m., today, March 13, at St. Anthony Church, Many Farms, Ariz. Burial followed at family plot, Rough Rock Woody died March 8 in Phoenix. He was born July 9, 1921 in Arizona, into the Black Streaked Wood People Clan for the One Walks Around People Clan. Survivors include his wife, Helen Woody; sons, Robert Woody, Michael Woody, Robert Lee Woody, Keith Woody, Benson Woody, Charley Woody and Leon Woody Sr.; daughters, Betty L. Woody, Mary L. Begay and Sally Begay; sister, Asdzaa Bahe; 76 grandchildren; 63 great-grandchildren and one great-great grandchild. Woody was preceded in death by his sons, Dan Woody and Cecil Woody; daughter, Evelyn Woody and parents, Hosteen Tiisbeesikad and Asdzaa Ts'osi. Pallbearers were Michael Woody, Leon Woody Sr., Robert Woody, Avery Begay, Benson Woody and Kenderick Yazzie. Mt. Taylor Mortuary is in charge of arrangements. March 14, 2002 Pearl S. Edsitty BECENTI - Services for Pearl Edsitty, 51, will be held at 11 a.m., Friday, March 15 at Rollie Mortuary Palm Chapel. Pastor Jeff Symonds will officiate. Burial will follow at aprivate family cemetery, Becenti. Edsitty died March 10 in Albuquerque. She was born Sept. 22, 1950 in Fort Defiance, Ariz. into the Meadow People Clan for the Water People Flows Together People Clan. Edsitty attended Wingate High School. She was employed as an AA Counselor at Twin Lakes, student supervisor at Coyote Canyon, worked with developmentally disabled adults as a home care provider and housekeeper. Her hobbies included arts & crafts, ceramics, weaving, crochet, sawing and making cedar items. Survivors include her husband, Ned Edsitty of Becenti; sons, Nedford Edsitty and Pernall J. Edsitty both of Albuquerque; daughters, Lynette K. Edsitty of Standing Rock, Personna J. Edsitty of Becenti and Rashelle A. Edsitty of Albuquerque; brother, Lorenzo S. John of Coyote Canyon; sister, Rosita Garcia of Gallup and 11 grandchildren. Edsitty was preceded in death by her parents, Ben Shorty and Hilda J. Harvey; brothers, David Harvey Jr. and Timothy Harvey; sisters, Berlinda Garcia and Ruth Yazzie; and grandparents, Hilda Harvey, Eva John and Frank John. Pallbearers will be Arvil Billy, Joe John, Montoya Johnson, Tom Martin Jr., Benjamin Morgan and Ervin Peshlakai Jr. Rollie Mortuary is in charge of arrangements. Leonard Lyle Tsosie LOW MOUNTAIN, Ariz. - Services for Leonard Tsosie, 21, will held at 1 p. m., Friday, March 15 at Nazarene Smoke Signal, Ariz. Amos Red Hair will officiate. Burial will follow at the family plot, Low Mountain. Tsosie died March 11 in Phoenix. He was born Dec. 24, 1980 in Phoenix into the Red Running Into the Water People Clan for the Red Bottom People Clan. Tsosie received his GED. He was employed with McDonalds. His hobbies included drawing, art, skate boarding and hunting. He had plans to join the Marines. Surviors include his parents, Leonard and Rose Marie Tsosie; brothers, Lydell Monty Tsosie, Lyman Rodney Tsosie and Lytle Rodman Tsosie; sisters, Kaylene Tsosie, Nine Marie Tsosie and Yolanda Tsosie; grandparents, Irene B. Nelson, Clyde Tsosie. Pallbearers will be Lydell Tsosie, Spanky La Pahe, Kirk Benally and Chester Benally. Tse Bonito Mortuary is in charge of arrangements. William Tom Largo FORT WINGATE - Services for William Largo, 25, will be held at 1 p.m., Friday, March 14 at Cope Memorial Chapel. Pastor Kee Keyanna will officiate. Burial will follow on family land, Pinedale. Visitation will be held from 3-5 p.m. today at Cope Memorial. Largo died March 10 in Farmington. He was born Sept. 15, 1976 in Gallup into the Two Who Came to the Water People Clan for the Red Running Into Water People Clan. Largo attended Pinedale Head Start, JFK Middle School and Gallup High School. He was employed at Wal-Mart, as a silversmithand as a sub- contractor. His hobbies included fishing, watching pro-football and WWF wrestling. Survivors include his wife, Delores Largo; sons, Brakus Largo of Church Rock, Zachary Largo of Albuquerque and Dante Largo of Fort Wingate; parents, Pearl Paddock of Church Rock and William Tom of Tseyatoh; brothers, Shannon Tom, Donovan Tom and Tyson Antonio all of Church Rock; sisters, P.J. Paddock, Leanora Tom and Sheena Antonio all of Church Rock; grandmothers, Esther Largo and Pearl Tom. Largo was preceded in death by his grandfathers, Lloyd Largo and Ruben Tom. Pallbearers will be Shannon Tom, Donovan Tom, Frankie Miller, Bobby Manuelito, Colin Moore and Gilbert Tom. The family will receive friends and relatives after the burial services at Pinedale Chapter. Cope Memorial Chapel is in charge of arrangements. Halbert "Muzzy" Brown NAVAJO, N.M. - Services for Halbert Brown, 40, will be held at 10 a.m., Friday, March 15 at Sacred Heart, Gallup. Burial will follow at theCommunity Cemetery, Naschitti. Brown died March 10 in Gallup. He was born July 16, 1961 in Shiprock into the Salt People Clan, Apache for the Red Running Into the Water People Clan. Brown attended Tohatchi High School, Highlands High School and Thoreau High School. He was employed with Walk-In Hair, Regis, Tease Me Hair, St. Milas Hair Place, Chee Dodge Elementary School, Navajo Pine High and the Navajo Nation Fair. He was active in local beauty pageants and assisted with the Miss Navajo Nation pageant. Survivors include his son, Gregory James; daughters, Silvana James, Mattika Yazzie and Matter Brown; parents, Nancy and Herbert Brown Sr.; brothers, Herbert Brown Jr., Vincent Brown, Carlbert Brown, Hubert Brown, Rocks Brown and Norbert Brown; sisters, Barbara Tony, Varbara Yazzie, Orlena DeChee and Nanetta Brown and grandmother, Newton Brown. Brown was preceded in death by Valma Jean Brown, Bertha Brown, Frank Wood, Mae Wood and Katie Jones Wood. Pallbearers will be Vincent Brown, Charleston Brown, Merlin DeChee, Calvin Brown, Robertson Denezpi and Derrick Blackgoat. The family will receive friends and relatives after the burial services at Navajo Rec. Center, Navajo, N.M. Tse Bonito Mortuary is in charge of arrangements. Copyright c. 2002 The Gallup Independent. -=-=-=- March 13, 2002 Billy Charley Billy Charley, 78, passed away March 9, 2002, in Denver, Colo. He was born July 24, 1923, in Farmington to Charlie Begay and Mary Charley. He caught pneumonia in early February and had complications and was hospitalized in Shiprock. He was later transferred to Denver, where he passed away. Funeral service will take place at 10 a.m. on Friday, March 15, at Brewer, Lee & Larkin Chapel, with Pastor Wilson Ray officiating. Interment will follow at Carson Cemetery in Carson, N.M. Pallbearers will be Ben Charley, Robert Charley, Eugene Charley, Jerry Charles, Randal Charley and Harold Charley. Honorary pallbeares are Joe Benally and Darrell Charley. Arrangements are with Brewer, Lee & Larkin Funeral Home, 103 E. Ute St. in Farmington, (505) 325-8688. March 14, 2002 Donald Yazzie Donald Yazzie, 84, of Cortez, Colo., formerly of Sweetwater, Ariz., passed away March 11, 2002, in the Valley Inn Nursing Home at Mancos, Colo. Funeral services are set for 10 a.m. Friday, March 15, 2002, at the Cortez Four Corners Funeral Chapel in Cortez. Mr. Ben Yazzie will officiate. Interment will follow at Immanuel Mission Cemetery, near Sweetwater. Visitation will be from 4 to 7 p.m. this evening, Thursday, March 14, in the funeral chapel. Mr. Yazzie was born Jan. 15, 1918, in Sweetwater to Housteen and Pearl Yazzie. He attended schools in that area. He and Lillie Wilson were married in 1953. Lillie passed away Sept. 28, 2000. Mr. Yazzie's clans are Tachinii (Red Running Into Water) and Bitahnii (Within His Cover Clan). Mr. Yazzie was a Medicine Man. Donald Yazzie worked as a uranium miner on the Navajo Nation's land and in western Colorado. In his younger years, he enjoyed rodeoing and breaking horses. He liked working with livestock, telling stories to his grandchildren, and visiting with his family. He and Lillie, his wife, attended the Lighthouse Baptist Church. Donald is survived by his children, Ben Yazzie, Dan Yazzie, Jackson Yazzie, Vickie House and Lorraine Yazzie; from previous marriages, Carol Pinto, Harry Yazzie, Tom Yazzie, Ellen Bikis, Howard Yazzie, Frank Yazzie and Herbert Yazzie; stepdaughter, Irene White; 73 grandchildren and 48 great-grandchildren; brother, Lee Yazzie, and sister, Emma Scott; and many other relatives and friends. He was preceded in death by brothers, Joe Lee, Paul and Thomas; and children, Calvin, Betty and Alvin. Cortez Four Corners Funeral Chapel, Hale & Gerken Funeral Directors, (970) 564-0667, are serving the family. Copyright c. 1999-2002 MediaNews Group, Inc./Farmington Daily-Times. -=-=-=- March 13, 2002 Leroy Brings Plenty LeRoy Brings Plenty, 70, Pine Ridge, formerly of Cherry Creek, died Monday, March 4, 2002, at Rapid City Regional Hospital. LeRoy Brings Plenty, 70, Pine Ridge, formerly of Cherry Creek, died Monday, March 4, 2002, at Rapid City Regional Hospital. Funeral services were held Saturday, March 9, at the United Church of Christ in Cherry Creek with the Rev. David Bowen and the Rev. Norman Blue Coat officiating. Burial was in the Congregational Cemetery at Cherry Creek under the direction of Luce Funeral Home of Eagle Butte. A wake service was held Friday at the church in Cherry Creek. LeRoy Brings Plenty was born February 10, 1932, at Old Cheyenne Agency to Dan and Nelle (Looks Running) Brings Plenty. He grew up at Big Cottonwood and received his education at Cherry Creek. In the late 1950s he moved to Pine Ridge where he spent the majority of his life. He worked for area ranchers and was a cowboy. His memory will be cherished by his five children, Bervin Brings Plenty, Sonny Brings Plenty and Barbra Brings Plenty, all of Pine Ridge, Patti Brings Plenty of Eagle Butte, and Charlene Brings Plenty of Pine Ridge; other relatives Franklin Bear Running, Sylvester Waloke, Clementine Big Eagle, Arlene Demery and Irene Traversie, all of Cherry Creek; Victor Herrald of Custer, Charles Herrald of Cherry Creek, Nita Herrald of Rapid City and Rita Herrald of Minnesota; and all of his nieces, nephews, aunts, grandchildren, and great grandchildren. Copyright c. 2002 ebnews.net/Eagle Butte, SD. -=-=-=- March 12, 2002 Alex L. Understanding Crow BATESLAND - Alex L. Understanding Crow, 66, Batesland, died Saturday, March 9, 2002, in Rapid City. Survivors include one brother, Rudy Understanding Crow, Oglala, and two sisters, Veronica Allen, Cheyenne, Wyo., and Dorothea DuBray, Martin. A two-night wake will begin at 1 p.m. today at First Body of Christ Church in Batesland. Services will be at 1 p.m. Thursday, March 14, at the church, with the Rev. Harry Starr and the Rev. Pedro Sharpfish officiating. Burial will be at First Body of Christ Cemetery in Yellow Bear Camp. Sioux Funeral Home of Pine Ridge is in charge of arrangements. Michael Gabriel Peltier-Randall HOT SPRINGS - Michael Gabriel Peltier-Randall, firstborn son of Leroy and Jolene, died Sunday, March 10, 2002, at Rapid City Regional Hospital in Rapid City. Funeral services will be 11 a.m. Wednesday, March 13, 2002, at Rooks- McColley Funeral Chapel in Hot Springs, with Fr. Peter Kovarik officiating. Burial will follow at Evergreen Cemetery. Survivors include his father, Leroy Randall, and his mother, Jolene Peltier, both of Hot Springs; grandmother Theresa Randall of Hot Springs; grandfather Joseph Peltier of Devils Lake, N.D.; Auntie Jeanne Dahl of Hot Springs; Aunt Jean Marie Patton of Rapid City; and numerous nieces, nephews and cousins. Arrangements have been placed in the care of Sioux Funeral Home of Pine Ridge. March 13, 2002 Patrick Yellowboy RAPID CITY - Patrick Yellowboy, 77, Rapid City, died Friday, March 8, 2002, at a Rapid City nursing home. Survivors include two daughters, Patricia Warbonnett, Rapid City, and Martha Duron, Hollywood, Calif.; four sons, Tony Yellowboy, Mobridge, and Elton Yellowboy, Roger Yellowboy and Patrick Yellowboy Jr., all of Rapid City; and three sisters, Dolly Whiting, Edna Kills Crow and Ella McGaw, all of Denver. Visitation will begin at 4 p.m. today at Oyate Center in Rapid City and continue from 10 a.m. to 1 p.m. Thursday, March 14, at Sacred Heart Catholic Church in Pine Ridge. Services will be at 1 p.m. Thursday at the church. Burial will be at Holy Rosary Mission Cemetery in Pine Ridge. Campbell, Paula & Quinn Funeral Service of Rapid City is in charge of arrangements. Eugene Jess Reddest POTATO CREEK - Eugene Jess Reddest, I Ku sanla Wanbli, 85, Potato Creek, died Friday, March 8, 2002, in Rapid City. Survivors include five daughters, Andrea Marshall and Diane Lynch, both of Wall, Flora Bullman and Gwen Bullman, both of Lost Dog Creek, and Donna Smashed Eyes, Rosebud; four sons, Orville Reddest, Duane Reddest and Leroy Reddest, all of Lost Dog Creek, and Sidney Reddest, Rosebud; one sister, Viola Provencial, Rosebud; 27 grandchildren; and 44 great-grandchildren. A two-night wake will begin at 1 p.m. Thursday, March 14, at St. Henry's Catholic Hall in Potato Creek. Services will be at 2 p.m. Saturday, March 16, at the hall, with the Rev. Cordelia Red Owl officiating. Tommy Crow and John Around Him Sr. will officiate at traditional services. Burial will be at St. Timothy's Episcopal Cemetery in Potato Creek. Sioux Funeral Home of Pine Ridge is in charge of arrangements. March 16, 2002 Jeannie Ann Kills Right PORCUPINE - Jeannie Ann Kills Right, 26, Porcupine, died Tuesday, March 12, 2002, in Porcupine. Survivors include two daughters, Simone Shots With Arrow and Alisa Kills Right, both of Porcupine; three sisters, Betty Fox, Salem, Ore., Michelle Kills Right, Portland, Ore., and Estelle Kills Right, Seattle; and two brothers, Albert Kills Right Jr. and Dennis Kills Right, both of Porcupine. A two-night wake will begin at 1 p.m. Monday, March 18, at the Porcupine CAP Office. Graveside services will be at 2 p.m. Wednesday, March 20, at Gospel Mission Cemetery in Porcupine, with the Rev. Asa Wilson, the Rev. Ruby Schluter and the Rev. William Lone Hill Sr. officiating. Sioux Funeral Home of Pine Ridge is in charge of arrangements. Copyright c. 2002 The Rapid City Journal. --------- "RE: Senate Panel criticizes Bush Indian Budget" --------- Date: Wed, 6 Mar 2002 08:18:40 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BUSH INDIAN BUDGET" http://www.owlstar.com/dailyheadlines.htm http://www.azcentral.com/news/articles/0305indianfunds-ON.html Senate panel criticizes Bush Indian budget as inadequate Associated Press March 05, 2002 20:26:00 WASHINGTON - Two key senators said Tuesday the Bush administration's budget proposal for American Indians would fail to adequately fund schools, jail construction and job training. In the first of a series of hearings, the administration's spending plans for Indians came under withering criticism by the bipartisan leadership of the Senate Indian Affairs Committee. Many federal agencies have money budgeted specifically for Indians as part of their larger spending plans. In the White House budget proposal for the fiscal year to begin Oct. 1, Bush holds spending at current levels for many programs and trims others. The president's proposal does increase spending for some programs to treat alcohol and drug abuse, which drew praise from the senators, but not enough to overcome their joint criticism in other areas. Sen. Daniel Inouye, D-Hawaii, chairman, questioned the Education Department's commitment to Indian programs, at one point referring to Bush's education legislation as the "so-called No Child Left Behind Act." Sen. Ben Nighthorse Campbell, R-Colo., vice chairman, said the Labor Department was "missing the boat" for its lack of spending on vocational training for jobless Indians on reservations where unemployment has reached more than 50 percent. "I don't know how, frankly, we can justify some of these cuts," Campbell said. Both Inouye and Campbell indicated they would try to add more money to federal Indian programs in the Labor, Education, Justice and the Health and Human Services departments. "I'm hopeful we can find the resources we need for these important services," Campbell said. David Dye, deputy assistant labor secretary, defended the administration's spending policies, saying the White House budget plan was squeezed between increasing defense costs and shrinking tax revenue. "We do the best we can with what we have," Dye said. Among the proposals highlighted at the hearing were $122.4 million in grants for Indian education, an increase of $2 million; $8 million in grants to build tribal courts, the same as last year; and $45 million for Administration for Native Americans, which oversees grants for social and economic projects, a cut of about $1 million. Many public services on Indian reservations are paid for by the federal government, from schools to hospitals, because many reservations have few resources - such as factories or office buildings - from which to collect taxes as public revenue. The Senate Indian Affairs Committee has scheduled three hearings on Bush budget items related to Indians. Tuesday's hearing dealt with federal agencies outside of the Bureau of Indian Affairs, the budget for which will come under committee scrutiny on March 14. Copyright c. 2002, azcentral.com. All rights reserved. --------- "RE: Religious Leaders back Recognition for Duwamish" --------- Date: Thu, 14 Mar 2002 08:16:08 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="DUWAMISH" http://www.pechanga.net/ http://seattlepi.nwsource.com/local/62214_duwamish14.shtml Religious leaders back recognition for Duwamish tribe Interior secretary should give approval, letters from local, state groups tell Norton Thursday, March 14, 2002 By PAUL SHUKOVSKY SEATTLE POST-INTELLIGENCER REPORTER Religious leaders in the state have mobilized behind the Duwamish Tribe in its seemingly endless battle for recognition from the U.S. government. The Church Council of Greater Seattle, the Washington Association of Churches and the Lutheran Public Policy Office have sent letters to Interior Secretary Gale Norton urging her to recognize the tribe. The letters, said the Rev. Paul Benz, of the Lutheran Public Policy Office, ask Norton to rectify decades of injustice. The Duwamish, the indigenous people of Seattle, were recognized in the final hours of the Clinton administration, but the Bush administration put the decision on hold. Then, in September, Assistant Interior Secretary Neal McCaleb formally declared that the Duwamish no longer exist as an Indian tribe. Cecile Hansen, chairwoman of the Duwamish, said she's gratified by the support from the religious community. "I really believe in letters," Hansen said. "But I don't how much impact these letters will have. I hope Gale Norton is listening." In the meantime, Hansen is consulting with the tribal attorney in preparation for a legal battle to overturn the ruling. Federal recognition helps ensure the survival of a tribe by allowing for a reservation where members can go to get health care, housing, social services and participate in cultural programs. "One hundred fifty years after Caucasians arrived in the Seattle area (and) were welcomed by the tribe with open arms, the Duwamish still have no place to call home," Benz said. Benz called the Bush administration's denial of federal recognition "a travesty and another broken promise." "Right here in our own back yard is a tribe whose city is named after their chief, and they don't have a home," Benz said. "I just find it incredible." Shelley Means, a staff member of the association of churches representing mainline Protestant denominations in the state, added, "The Duwamish recognition process has been going on far too long. "The indignity of the process has gone on for far too long. The federal process is another form of divide and conquer." Alice Woldt, executive director of the church council, noted that churches in the city and state apologized to the tribes in 1987 for "past grievances that the Native American community suffered at the hands of the early churches and missionaries ... that was very destructive to the Native American culture and their own religious practices." The letters from "the religious leaders of the city that bears the name of a great Duwamish Chief" assert that in return for the tribe's giving up 55,000 acres in the Point Elliott treaty, the Duwamish were "promised full payment of the land and a reservation at the mouth of the Duwamish River." "Those promises were never fulfilled." P-I reporter Paul Shukovsky can be reached at 206-448-8072 or paulshukovsky@seattlepi.com Copyright c. 1999-2002 Seattle Post-Intelligencer. --------- "RE: Recognition: It's time for Politics in the Open" --------- Date: Wed, 13 Mar 2002 08:54:12 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RECOGNITION" http://www.pechanga.net/ http://indiancountry.com/?1015865676 Recognition: It's time for politics in the open and an end to turf games Posted: March 12, 2002 - 12:00PM EST by: Suzan Shown Harjo / Columnist / Indian Country Today Nothing in Washington is guarded more jealously than turf. The turf that the Bureau of Indian Affairs protects beyond reason is its self-declared right to say who the Indians are and who they are not. A federal investigatory report surfaced last week, exposing a turf fight between Indian politicos in Interior and BIA lifers over six tribal recognitions that were decided in the eleventh hour of the Clinton administration. It seems that one was a thirteenth-hour decision, involving a back-dated recognition document signed at the start of the Bush administration by a Clinton appointee who was no longer a federal employee. The Bush politicos rescinded the recognitions and are reconsidering them. The top Indian in Interior says the BIA cannot serve the current tribes and questions whether more should be added. This leaves the six tribes in the BIA netherworld, but with some pretty good arguments about arbitrary and capricious treatment. Those affected are two Eastern Pequot tribes in Connecticut, two Nipmuck tribes in Massachusetts and the Chinook and Duwamish of Washington. The Boston Globe published a series on the recognition debacle in 2001 and Rep. Frank R. Wolf (R-VA) called for the Interior inspector general to investigate matters raised in the articles. Wolf received the investigatory report on Feb. 27 and wrote to Attorney General John Ashcroft the next day. The report "confirmed my suspicions that the federal tribal recognition process has been compromised," he wrote, and "documented the serious misconduct of Clinton political appointees at BIA." Wolf wants Justice to pursue prosecutions, maintaining there is "clear evidence of illegal activity." He also wants Interior to submit legislative proposals to Congress to address weaknesses in the recognition process. Chair of the House subcommittee that funds the Justice, Commerce and State departments and the federal judiciary, he is the second highest majority member on appropriations panels on Transportation, Treasury, Postal Service and general government. All of that is to say his requests to Ashcroft and Norton will not be taken lightly. Wolf started bird-dogging the recognition process in the late 1990s, reportedly after hearing an allegation that the Mashantucket Pequot Tribe was recognized without proving its connection to the historic Pequots. In 2000, he opposed a bill sponsored by members of his delegation to recognize eight tribes in Virginia: two Chickahominy and two Mattaponi tribes, along with the Monacans, Nansemonds, Pamunkeys and Rappahannocks. At the same time, he and six other House members called for a moratorium on recognitions, an investigation of the Interior process and General Accounting Office data on recognition history, pending tribal petitions and current tribal gaming operations. He was joined in the request by Reps. Roy Blunt, R-Mo., Ernest Istook, Jr., R-Okla., Nancy L. Johnson, R-Conn., and Christopher Shays, R-Conn., and then-Reps. Tom Coburn, R-Okla., and Jack Metcalf, R-Wash.. Administrative recognitions are handled in Interior by a dozen anthropologists, genealogists, historians and researchers in the BIA's Branch of Acknowledgment and Research. Technically, there are not supposed to be administrative recognitions, because only Congress can establish a relationship with an Indian nation. This is the backdrop to the legal fiction that the Executive Branch is not recognizing, but merely acknowledging that such a relationship exists or does not exist. In the 1970s, Interior took fire from members of Congress from the Pacific Northwest and the Northeast for supporting Indian treaty fishing and eastern Indian land claims. Any federal assistance to "new" or "emerging" tribes, they argued, would open the floodgates to Indians claiming fish and lands all over the country. Interior Secretaries Rogers C.B. Morton, Thomas S. Kleppe and Cecil Andrus all took the position that Interior could not determine tribal recognitions, absent a congressional authorization. Criteria and standards for acknowledgments shifted with the political winds. Some tribes were denied acknowledgment because they were landless, while that standard was not applied uniformly. Others were denied because they lacked the requisite amount of blood or paper or tribal officials. In the meantime, the courts were asserting their role in tribal recognitions. In one instance, Interior turned down the Passamaquoddy Tribe's request to investigate their claim to lands in Maine on the excuse that there was no federal trust responsibility to tribes east of the Mississippi River. The tribe sued Morton and, in 1975, Judge Edward Gignoux ruled for the Passamaquoddy, acknowledging the trust and statutory relationship with the United States. Judge George Boldt allowed the Stillaguamish Tribe, which was not federally recognized, to intervene in the fishing case, ruling that it had a treaty right to fish. The Stillaguamish sued Kleppe and, in 1976, Judge June L. Green gave Interior 30 days to act on the Tribe's petition, at which point Interior Solicitor Kent Frizzel acknowledged its federal status. The Interior and BIA lawyers and other staffers who were accustomed to making recognition decisions predicted chaos if the courts continued to step into the acknowledgment arena. As the courts were removing federal agents from decisions regarding tribal citizenry, many of the bureaucrats redoubled their efforts to maintain control of determinations about tribes themselves. It was common to hear their elaborate arguments about how different the "new" tribes were from the "real" tribes. "Are they Stillaguamish-ized or Passamaquoddy-ized," they would ask. Tribal and federal meetings would grind to a halt as the nuances of each decision were recited. Their solution was to set uniform standards for acknowledgment that would take politics out of the decision-making process. But the standards that exist today never were applied uniformly and the process never was depoliticized, only hidden from view. The acknowledgment decisions are now predominantly race-based, even though courts have consistently held that tribal citizenship or membership is political, not racial, and that the federal-tribal relationship is political, not racial. It is time for the process to line up with the law. The recognition process is and should be political. Congress needs to reclaim it and deal with the politics openly. As things stand now, all the negative manifestations of politics are in full play, but the administrative process shields the political acts from Indian and public view. Some time in the sunshine and off the artificial turf will be a healthy change for everyone affected by federal recognition. Copyright c. 2002 Indian Country Today. --------- "RE: Judge affirms Klamath Tribes' Water Rights" --------- Date: Mon, 4 Mar 2002 08:52:05 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="KLAMATH WATER" http://www.owlstar.com/dailyheadlines.htm http://www.montanaforum.com/rednews/2002/03/03/build/tribal/klamath Judge affirms Klamath Tribes' water rights By the Associated Press Sunday, March 3, 2002 PORTLAND, Ore. - A federal judge has reaffirmed that the water rights of the Klamath Tribes stretch back to time immemorial, and backed their right to claim water to support food gathering. The ruling by U.S. District Judge Owen M. Panner in Portland did not appear to have an immediate effect on the ongoing battle over water for fish and farms in the Klamath Basin, said tribal attorney Carl Ullman. However, it reaffirms that the tribes have the oldest water right in the basin at a time when that was being challenged under a formal adjudication process to sort out competing claims for water, Ullman said. And it confirms that the tribes have the right to water to support gathering, such as seeds from the wocus plant in basin marshes, as well as hunting and fishing, he said. Last summer, the federal government was forced to shut off irrigation water to most of the Klamath Reclamation Project to maintain reserves for fish, including endangered Lost River suckers and shortnosed suckers which are sacred to the Klamath Tribes. "This is an important decision for the tribes," said tribal chairman Allen Foreman. "It is vital to protecting the tribes' treaty resources," such as hunting, fishing and gathering. The tribes have maintained that the federal government has a responsibility to leave enough water in marshes and lakes to support fishing, hunting and gathering guaranteed by treaty. The ruling came in a case known as United States vs. Adair, which was originally filed on behalf of the tribes in 1975 to guarantee water for a marsh on the Klamath Forest National Wildlife Refuge. The marsh was part of a reservation taken away from the tribes in the 1950s. However, the tribes retained the right to hunt, fish, and gather plants on the old reservation lands. The seeds of a marsh plant called wocus, which resembles a water lilly, were a food staple of the Klamath people. The wocus population has declined along with water quality and quantity as agriculture has taken the place of gathering in the basin. "The ruling makes it clear that the right to water to protect treaty resources, including fish, is senior to all the rights in the basin," said Ullman. "What it does not do is address the quantification question, which the federal courts have never been directly involved in." Copyright c. 2002 Associated Press. All rights reserved. Copyright c. 2000-2001 Montana Standard and Lee Enterprises. --------- "RE: Western Shoshone Land Fight heads to Congress" --------- Date: Thu, 14 Mar 2002 08:16:08 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="WESTERN SHOSHONE" http://www.pechanga.net/ http://indiancountry.com/?1016037532 Western Shoshone land fight heads to Congress Posted: March 13, 2002 - 11:36AM EST by: Valerie Taliman/Southwest Bureau Chief/Albuquerque Office Indian Country Today RUBY VALLEY, Nev. -- The protracted struggle of the Western Shoshone to preserve their homelands spans more than 140 years and includes five decades of costly court battles to prove that they still own and occupy the land. Now their fight moves to Congress March 21 when the Senate Indian Affairs Committee hears testimony on a controversial bill that threatens to end the tribes' legal claim to the land. Senate Bill 958, sponsored by Sen. Harry Reid, D--Nev., is intended to distribute $128.8 million awarded to the "Western Shoshone identifiable group" by the Indian Claims Commission in 1979. It does not contain provisions for a land settlement. Sen. Reid declined to make a fresh comment on the bill when called by ICT and referred to an earlier statement. "The Western Shoshone have waited long enough for the distribution of these funds," said his June release."The final distribution of this fund has lingered for more than 20 years, and the best interests of the tribe will not be served by a further delay in enacting this legislation." The problem is the majority of Western Shoshone people don't want the money. They want their land. The basis of their claim is an 1863 treaty that granted settlers certain rights--of--way when the U.S. government asked permission from the Western Shoshone Nation to pass through their homelands, mine for gold and silver and establish towns to support mining. What is clear in the historical record is that the 1863 Treaty of Ruby Valley never ceded title to millions of acres of land in Nevada, Idaho, Utah and California. And despite decades of court battles and legal maneuvering, the question of title to the land has never been litigated. Much controversy surrounds both the 1979 monetary judgment by the Indian Claims Commission (ICC) and a 1998 vote wherein a group of individual Western Shoshones worked with Reid to organize an effort to get Congress to distribute the ICC judgment fund. Despite opposition from nearly all the Western Shoshone tribal governments, and in violation of a 1994 Executive Order on "government-to- government" relations with Indian nations, Reid's bill seeks a per capita distribution of the judgment to those tribal members who will accept the money. Attorneys representing Western Shoshone governments argue that the vote by an "identifiable group" of individuals to accept a monetary award is not the same thing as acceptance by the Western Shoshone as a nation or tribe. Of more than 6,500 eligible tribal members, only 1,230 voted to accept payment of the ICC judgment and 53 voted against it. The vast majority, more than 5,200 Western Shoshone, didn't attend the two meetings held in 1998 to conduct the vote. "The Western Shoshone tribal future depends on getting an economically viable land base out of their ancestral territory," said Tom Luebben, whose Albuquerque, N.M. law firm represents two of the nine Western Shoshone tribal governments. "They've tried desperately to salvage their land claim and the courts told them it was too late for justice and to go to Congress for help. "The Interior Department has failed to negotiate a land settlement, and if Senator Reid's bill is enacted, it will leave the Shoshones with no significant land base and disinherit future generations." Chief Raymond Yowell of the Western Shoshone National Council said the ICC lacked the authority to extinguish land title and that its jurisdiction was limited to awarding money damages for "ancient wrongs." "By what law did the United States acquire Western Shoshone territory?" he asks. "There have been 15 court decisions on this and federal district and appeals courts have decided several times that we still hold title to our territory and that the Claims Commission never litigated the issue of title. "But we were blocked by the Supreme Court in its 1985 ruling in United States v. Dann when it decided that the claims award itself prevents us from defending our territorial title in court," he said. "We have continually rejected the monetary award. It is our position that we will never accept an award for a taking that never occurred." According to the Indian Claims Commission in 1962, the land was taken by "gradual encroachment of whites, settlers and others." No actual date of taking could be established, nor was the ICC able to identify the number of acres or specific areas where U.S. citizens encroached. But attorneys who were later fired by the tribe stipulated July 1, 1872 as the "date of valuation" for purposes of compensation. The ICC's decision was used to ratify a presumption that a "taking" had somehow occurred. In 1979, despite Western Shoshone attempts to stop the proceedings, the U.S. Court of Claims awarded less than $27 million -- the 1872 value without interest -- to the tribe to be held in by the Interior Department. That amount has since grown to $128.8 million. Legal scholar Milner S. Ball at the University of Georgia Law School observed, "The Supreme Court held a `payment' had been effected, though the Indians received no money and opposed the conversion of their land. The trust doctrine was the device the Court struck upon for executing this maneuver. "The United States was not only the judgment debtor to Indians, but was also trustee to the Indians. Therefore, the U.S. as debtor can pay itself as trustee, say this change in bookkeeping constitutes payment to Indians, and the Court will certify the fiction as reality." The Supreme Court's decision "may be called a perversion of the trust doctrine because it eliminated the role of Congress, according to federal Indian law professor Peter d'Errico at the University of Massachusetts, Amherst, who sees an opportunity for an historical wrong to be made right. "Congress retains the power to reinstitute the prior understanding of an Indian Claims Commission award, but Sen. Reid's bill must be revised if it is to preserve Western Shoshone land rights," he said. As written, it contains a substantial deception and is unworthy of the Senate Committee on Indian Affairs. In the face of opposition from the Western Shoshone National Council, the bill should be rejected," he said. "The bill is an outright deception. The law is quite clear. Acceptance of an ICC `award' extinguishes land rights. I suspect the language in the bill that claims that `accepting judgment funds shall not be construed as a waiver of existing treaty rights' is political," he said. "It appears to have been crafted with an eye to deceiving Western Shoshones. It encourages them to believe that they can accept the claims `award' without prejudice to their ongoing efforts to enforce the terms of 1863 treaty, and that's simply not true." D'Errico said it is imperative for the Congress to deal honorably with Indian Nations under legal and ethical obligations of the U.S. "If this bill passes, what rights will the Western Shoshone have left under the Treaty of Ruby Valley?" he asked. "The sponsors should enumerate those rights on the record." The solution to the long-standing struggle for the land is to enact legislation to convert the ICC judgment award to compensate the Western Shoshone for past wrongs and open the path to enforce Western Shoshone title to the land, he said. Chief Yowell contends the most practical solution is a compromise that must be negotiated in good faith with his people who have spent decades and millions of dollars trying to achieve an agreement. "The Western Shoshone will not consent to the distribution of the ICC monetary award as long as it is categorized as payment for our territory. The land is sacred; it is the church of the Western Shoshone people and cannot be sold. "I hope the Senate Indian Affairs Committee will hear us out and wisely reject the bill. We're still open to negotiations and we hope they are too." Copyright c. 2002 Indian Country Today. --------- "RE: Indian Caravan leaves for Washington" --------- Date: Mon, 18 Mar 2002 08:58:09 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="INDIAN CARAVAN" http://www.owlstar.com/dailyheadlines.htm http://www.elkodaily.com/display/inn_news/news2.txt Indian caravan leaves for Washington By ADELLA HARDING, Daily Free Press Staff Writer ELKO -- A caravan of protesters against an Indian claims bill calling for cash distribution was leaving Elko Saturday after a general membership meeting in the morning. "The caravan leaves after the meeting. We will be there and leave afterwards," said Lois Whitney of Elko, who has been carrying a petition against the cash disbursement bill that will be the focus of a Senate Indian Affairs Committee hearing March 21 in Washington, D.C. Te-Moak Tribal Chairman Felix Ike called the meeting for 9 a.m. Saturday at the Elko Indian Colony Gym to outline what he plans to say when he testifies on the bill next week and to be sure the people understand the Senate bill. Ike said earlier this week his testimony will support the Senate bill, and that he will be testifying on behalf of the people. Whitney said Friday she believes after a series of meetings she helped organize "people are questioning whether this bill is right for the Shoshone people." Opponents of the cash disbursement claim the bill threatens Western Shoshone rights under the Ruby Valley Treaty. One of the witnesses due to appear before the Senate Indian Affairs Committee Thursday morning said Friday, however, she wants to assure Western Shoshone the Senate bill allowing a cash settlement won't take away their Ruby Valley Treaty rights. "I want the people to know that there is a section in the bill protecting their rights," Nancy Stewart of Fallon said in a telephone interview. She is on the steering committee that investigated the Western Shoshone claims issue and on the Fallon Shoshone Claims Committee that she said has permission of the Fallon Paiute Shoshone Tribe to negotiate on the claims issue. Stewart said the bill states the settlement "should not be construed as a waiver of any existing treaty rights pursuant to the 1863 Ruby Valley Treaty, inclusive of all articles one through eight and shall not prevent any Western Shoshone tribe or band or individual Shoshone Indian from pursuing other rights guaranteed under the law." Stewart also said Friday she believes the majority of the Western Shoshone people want cash distribution of the $137 million claims settlement fund. The fund started at $29 million in 1979 after a court ruling on more than 23 million acres of land but has grown since then while the Indians debated whether to accept the money. "Our elders are passing away and have not seen their hopes and dreams for a better life fulfilled. That's a real tragedy," Stewart said. The bill calls for cash disbursement of the $137 million for all who are one-quarter Western Shoshone or more and haven't accepted an earlier claims settlement. Stewart said this means all Western Shoshone, despite a contention by opposition to the Senate and House bills on cash distribution that the money should only go to Indians living in the aboriginal territory the Western Shoshone claim under the 1863 treaty. She said her testimony before the Senate committee next week "will reflect the feeling of the committee that it wants the bill to pass as is." In addition to the cash distribution, Senate bill S. 958, sponsored by Sen. Harry Reid, D-Nev., and Sen. John Ensign, R-Nev., also sets aside roughly $1.3 million for an education fund for Western Shoshone. A companion bill was introduced on the House side by Rep. Jim Gibbons, R-Nev. Stewart also said a number of the Western Shoshone are angry with the Western Shoshone National Council and its affiliates for their opposition to the cash disbursement bill. Raymond Yowell will be representing the council at the hearing, according to the witness list. One of the affiliates is the Western Shoshone Defense Project, and Whitney said Friday that while she works for the project, she is going to Washington as a Western Shoshone, not an employee. Copyright c. 2002 Elko Daily. All rights reserved. --------- "RE: Medical Needs exceed what Bush Plan Covers" --------- Date: Tue, 19 Mar 2002 08:19:12 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BUSH MEDICAL PLAN" http://www.owlstar.com/dailyheadlines.htm http://www.thedesertsun.com/news/stories/local/1016423193.shtml Tribes say medical needs exceed what Bush plan covers IHS: Funding increase still about $12 billion short By Benjamin Spillman The Desert Sun March 18th, 2002 MORONGO INDIAN RESERVATION -- One of the largest blocs of Indian Health Services patients in the country could be faced with limiting health care if the president's budget proposal wins Congressional approval. Officials with Indian Health Inc. near Banning warned President Bush's budget request for a $60 million increase for the federal Indian Health Service in 2003 is not nearly enough to keep pace with the rising cost of health care and increases in the American Indian population. "When push comes to shove, we will go on priority lists," said Kelly Slagley, board member for the local Indian clinic and member of the Agua Caliente Band of Cahuilla Indians in Palm Springs. "We really strive not to have to affect patient care." Clinic officials have asked a prominent local tribal leader to appeal to members of Congress for more funding. In a letter from the clinic delivered by Agua Caliente chairman Richard Milanovich, Indian health officials ask the government to allocate $200 million more nationally on Indian health in 2003 than was spent in 2002. That represents an increase of 7 percent. Whether the appeals by Milanovich or anyone else on behalf of Indian health will yield results remains to be seen. The budget isn't due to return to the president's desk until September. In the meantime, lawmakers are struggling to pay for the war on terrorism without the aid of billions of dollars of budget surplus that have evaporated in recent years. "All these various constituencies will be fighting over a diminished pie," said Marshall Whittmann, senior fellow of legislative studies at the conservative Hudson Institute in Washington, D.C. "There is a lot of pressure on domestic programs to curb their budget increases." David Sandretti, press secretary for Sen. Barbara Boxer, D-Calif., confirmed that the senator met recently with Milanovich. He said Boxer was sympathetic to the issue but wasn't sure whether anything could be done to increase funding. "She was very supportive of funding for Indian health," Sandretti said. "What that has meant in terms of legislative action, I don't know." In a written statement, Boxer pledged to "work during the appropriations process to secure this vital funding." The local Indian group hopes its efforts will be enough to shield 67,000 Indian people in Riverside and San Bernardino counties from a budget crunch that would result in a reduction of government funded medical care. "We haven't got to the point where we've had to (turn patients away)," said John Carney, executive director of Riverside San Bernardino Indian Health Inc. "We have tried everything we can over the course of the past two years to try and stay one step ahead of this." Although tribes with prosperous casinos can provide their members with private insurance, about 50 percent of Indian people in California are from out-of-state tribes. Many others are from tribes with little or no economic development. Those groups heavily rely on the federal government for health care. Indian health care providers say the services are important because the bond of trust between tribal people -- especially elders -- and Indian health doctors cannot be replicated by mainstream physicians. "Not a lot of people would even consider some of the alternative, traditional healings that Indians do," Slagley said. "It is those kinds of things that the outside world doesn't understand." In addition to an understanding of traditional medicine, Indian health providers pay close attention to contemporary methods to treat diseases like diabetes that are prevalent in the Indian population. Local Indian health providers said they hope the request reminds federal officials of the government's obligation to cover health costs for tribal people. They said the federal government agreed to provide Indians with health care, education, housing and jobs in exchange for land, water, minerals and oil that was ceded through hundreds of treaties. Despite praise from some Indian patients, Indian Health Services nationally has been under fire in recent years. IHS care has been called substandard by federal judges and is usually less comprehensive than what privately insured Americans get. The IHS has a budget of $2.9 billion this year, although not all that budget goes for patient care. While Americans average $3,800 each in health care per year, the IHS provides about $1,300 per person. The IHS really needs about $15 billion a year to adequately serve Indian health needs, said Dr. Michael Trujillo, the agency's head. Due to a lack of money, IHS rations specialty care, forcing patients in some areas to do without some treatments and tests, such as mammograms or gall bladder surgery. Since 1997, 16 of the 49 IHS hospitals have been cited as among the worst in the nation for at least one quality criterion by the Joint Commission on Accreditation of Healthcare Organizations. That means hospitals did not meet the minimum standards in one or more areas. California, home to more American Indians than any state, doesn't have an Indian hospital. IHS clinics here must refer patients to conventional hospitals and cover the cost with the clinics' contract care funds. "Everything we can't do here we have to buy," Carney said describing the clinic's budget strain. Benjamin Spillman can be reached at 778-4643 or by e-mail at Benjamin.Spillman@thedesertsun.com Copyright c. 2002 The Desert Sun. --------- "RE: Community and Landless Tribe in Dispute" --------- Date: Mon, 18 Mar 2002 08:58:09 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="POMO" http://www.owlstar.com/dailyheadlines.htm http://www.latimes.com/news/local/la-000019789mar18 Community, Landless Tribe in Dispute Housing: Indians want to buy acreage, build homes. Neighbors fear a loss of rural lifestyle. March 18, 2002 By JOHN M. GLIONNA, TIMES STAFF WRITER WINDSOR, Calif. -- The tiny Lytton Band of Pomo Indians suffers from an identity crisis. With no reservation, few assets and a staggering unemployment rate, the Native American nation of 230 must hold tribal meetings in shabby rented community centers. Traditionally private outdoor ceremonials are staged in a public park, where tourists gawk and snap pictures. One of a dozen landless California tribes, the Sonoma County band says this lack of spiritual center has caused members to drift from their culture like smoke from a fire. All they want is to buy 50 acres and build four dozen homes, a cultural center and ceremonial lodge to re-root a way of life that dates back centuries in this wooded region an hour north of San Francisco. "Land represents something sacred among Indians," said tribal Chairwoman Margie Mejia. "Without land of your own, there's no place to practice your culture. You become nothing but a stepchild, a black sheep." Yet people already living near where the Lyttons want to build fear an identity crisis of their own. Residents say the development would violate Sonoma County's low-density general plan, bringing a host of environmental problems to an area prized for its rustic character. They say local officials are being bullied into considering the development out of a politically correct notion that the federal government wrongly seized other land from the Lyttons 43 years ago. Residents such as Deborah Bailey say the housing development would amount to a public eyesore. "I don't want to live next to an Indian reservation, at least not like the ones I've seen," she said. "They're not very pretty. There's garbage, abandoned refrigerators and old vehicles strewn all over." It's a conflict as old as the West: a divisive struggle over the control of land, in this case complicated by an undercurrent of race and the specter of casino gambling. To pay for the housing development, the Lyttons hope to turn a defunct card room in nearby Contra Costa County into a Las Vegas-style casino. Windsor residents fear that the Lyttons won't stop there. Once the tribe gains control of any Sonoma County property, they say, it can declare the land sovereign territory and build whatever it pleases--including another casino. Residents collected 2,000 signatures against the Lytton development and gained support from the Windsor Town Council. Everyone knows, however, that the final decision will come from the federal Bureau of Indian Affairs. And that angers resident Ed Amormino, who fears that the tribe will be favored. "Nobody will stand up for us," said the 64-year-old computer software executive. "Not our congressman or anyone else. They're all afraid of appearing anti-Indian, so they're playing politics." Windsor Mayor Sam Salmon admits feeling some "white man's guilt." "We forget this was once their land," Salmon said of the tribe. "Instead, we grouse about them wanting to build casinos on what little stake they have left." Mejia acknowledges that the Lytton proposal exceeds community density standards. But she says residents are using the issue as a convenient roadblock. "White settlers didn't consider the Indian general plan when they moved here. They steamrolled right over it," she said. "General plans have been broken in the past--just not by Indians." And she bristles at criticism over the tribe's funding. "I wish we didn't have to run a casino to buy this land," she said. "But you tell me what other way a tribe with no assets can make that kind of money. If they gave us back the vineyard land, we wouldn't need to build a casino." Crippled by double-digit unemployment, many of the tribe's families rent apartments, but some resort to homeless shelters or even sleeping in their cars. Only one owns a house. Especially embarrassing, the Lyttons say, is that the tribe cannot properly care for its elders. The 45-year-old Mejia has emerged as the tribe's emotional center. A former congressional aide, she has used her political acumen to solicit financial backing and legal counsel and to hire a public affairs firm to help make the Lyttons' case. She says the lack of land touches a nerve that makes the Lyttons "sad to the point of anger." When meeting with other tribes, Mejia blanches when the question inevitably comes: "So where exactly is your land?" She is determined to soon respond: "Windsor." "These people don't know what they're up against," she said of the residents. "My grandmother used to say that my tongue was so sharp it could cut my lip. And I'm not backing down on this." 'We Don't Owe These People Anything' Neighbors reject Mejia's claim to any Sonoma County land, questioning the recognition of her ancestors as a legitimate tribe: "We don't owe these people anything," fumes resident Roger Branscomb. The roots of the clash date back to the 1930s when Bert Steele, Mejia's great-grandfather, and another family worked a 50-acre parcel in the fertile Alexander Valley. Known as the Lytton Rancheria, the land was held in trust by the federal government as part of a Native American reparations effort. But that changed in 1959, when the Eisenhower administration pursued a new policy of "assimilating" tribes into mainstream white culture: As a result, the Lyttons and dozens of other small tribes statewide were stripped of their federal recognition. The Lyttons' land was taken out of trust and deeded to several of Steele's surviving ancestors. Federal officials also pledged to install sewage systems and electricity--a promise that Mejia says wasn't kept. What happened next remains unclear. But within a few years, the land was either sold or lost in bankruptcy or foreclosure. Mejia says rancheria proceeds went to pay back taxes that the tribe was never told it was responsible for. After the Lyttons and other tribes sued the U.S. government over their loss of recognition, a federal court reinstated their tribal status--with the Lyttons settling their case in 1991. But gone for good was the Alexander Valley land--now home to some of the region's most valuable vineyards. Mejia can only drive past the battlefield rows of grapes and wistfully recall the past. She says the tribe deserves some leeway in replacing the land it lost. A Philadelphia financial backer who is assisting the Lyttons in their Contra Costa casino effort has purchased an option on 50 Sonoma County acres near a winding two-lane country road just outside Windsor. Although the Lyttons decline to reveal the asking price for the parcel, similar land sells for as much as $40,000 an acre. The property has emotional value, they say, because of its proximity to Steele's old Alexander Valley land. Different Version of Local History Everyone agrees that the West has a long history of short-changing Native Americans over land. But California has among the poorest records for preserving property for its Native American population, said Carole Goldberg, director of UCLA's joint degree program in law and American Indian studies. For their part, Windsor residents tell a different story about the Alexander Valley land. They believe the Lytton descendants sold the parcel outright and that it was not lost to pay taxes. They say Mejia and others concocted claims of tribal status to take advantage of the Indian Gaming Act of 1988, which allows Native Americans to establish gambling only on property they owned before that year. Bob Rawlins, a retired Navy captain, says he researched archival records to uncover what he calls the Lyttons' secret. "They were never a legal Indian tribe," he said. "A tribe is defined as a group of Native Americans with a government structure. The people who lived on this land were two families, that's all. Two families doesn't make an Indian tribe." Rawlins says the Lyttons were only recognized as a tribe by the 1991 government settlement, giving them no claim to Sonoma County land before 1988. "It's a real tear-jerker to cry about being Indians without land," he said. "These people are a bunch of opportunists, using a clever ploy to cash in on public sympathy." Tribal attorney Tony Cohen says the 1991 federal settlement identifies the families who lived on the Alexander Valley land in 1959 as a bona fide tribe. Those residents who question the Lyttons' government status, he says, are showing what little they know about Native American history. "They only think of Indian tribes by what they see in the movies," he said. "These California Indian bands were often small family groups without a formal tribal structure. But they still met the government's definition of what constitutes a tribe." As proof that they have no plans to build a casino in Windsor, Cohen says the Lyttons will formally agree to never bring casino gambling to the site. Before the federal government can approve putting the Sonoma County land into trust for the Lyttons, he says, there must be a public hearing on the environmental issues and on balancing the Lyttons' need for housing versus the development's effect on the county general plan. But Cohen added a caveat: "If the [Contra Costa County] casino plan dies, that doesn't mean the Lyttons won't look somewhere else in Sonoma County to develop a casino--just not on the Windsor land." With the help of its Philadelphia backers, the Lyttons are poised to buy a card club in the Contra Costa County city of San Pablo, which could bring $150 million in annual profits that would be used to develop the Windsor site. 'Non-Indians Just Don't Care ... ' An act pushed through Congress in 2000 by Rep. George Miller (D- Martinez) opened the door for the business to be declared tribal trust land. The bill stipulated that the tribe could develop the San Pablo casino even though it didn't own the land before 1988. "The move came as a result of the government's illegal termination of the Lyttons' tribal status," tribal lawyer Cohen said. "Because if the Lyttons weren't terminated as a tribe, they would have owned land somewhere else [on which] to open a casino." The Lyttons are awaiting the result of a lawsuit filed by Bay Area card club owners and also must negotiate a compact--or regulatory agreement-- with Gov. Gray Davis before they can operate slot machines on the site. They also hope to receive a decision from the Bureau of Indian Affairs on the Windsor development early next year. Meanwhile, the leader of another Sonoma County tribe summed up the Windsor debate this way: "You can sing the blues about our horrible history all you want, but non-Indians just don't care," said Greg Sarris of the Coast Miwok Indians. "Their only concern is whether you'll bring gambling to their backyard." When Mejia visited her proposed community recently, a woman yelled obscenities from a passing car. But the Lyttons' leader remains unfazed. "At stake here is the pride and quality of life of my people," she said. "Each time a tribal member brings in a new baby for me to hold, I tell myself: 'This child needs a culture. This child needs a place to call its own.'" Copyright c. 2002 Los Angeles Times. --------- "RE: Cherokees to build Housing in Bankhead" --------- Date: Wed, 13 Mar 2002 08:54:12 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CRIC" http://www.owlstar.com/dailyheadlines.htm http://www.decaturdaily.com/decaturdaily/news/020311/land.shtml Cherokees to build housing in Bankhead By Clyde L. Stancil DAILY Staff Writer cstancil@decaturdaily.com MOULTON -- Steve Bison noticed something familiar about a clerk he passed in a local store. Although he had never seen her before, her appearance told him something about her. "You're Indian and your people are from an area of Tennessee near Bristol, Va., aren't they?" he asked the clerk. She asked him how he knew. Bison, who is of Cherokee, Choctaw, German and English ancestry, said he grew up on Indian reservations. He and the members of the Cherokee River Indian Community want people like the clerk to join them. "CRIC is open to people who have proven Indian heritage regardless of if they are a member of a state-recognized tribe," said Bison, CRIC chairman. The group presently has 125 tribal members and plans to build low-income rental units on its 40-acre tribal land in the Bankhead National Forest. The project is in the site survey and planning stages. The reservation is 15 miles south of the Moulton at 1050 Lawrence County 67. Plans call for 35 houses in pods (circles) of seven. They will be split-level units with two to four bedrooms. CRIC officials hope to complete the first two pods in two years. "We want all of the housing to be aesthetic with the woods in the background so that everything looks natural," said Klieta Bagwell, vice chairwoman of CRIC. "We're going to build them so people will have pride in them." In the center of the pods will be a park or playground for children. Mrs. Bagwell said the design will allow neighbors to watch out for each other and their children. "Elders and the handicapped will be close to the entrance so people coming and going will pass their houses," she said. The Department of Housing and Urban Development could provide the money for the project with set-aside funds for areas where low to moderate income housing is not available. Copyright c. 2002 The Decatur Daily. --------- "RE: Hopis buy Heritage Square" --------- Date: Wed, 6 Mar 2002 08:18:40 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HOPI COMPLEX" http://www.owlstar.com/dailyheadlines.htm http://www.azdailysun.com/non_sec/nav_includes/story.cfm?storyID=35865 Hopis buy Heritage Square By DAILY SUN STAFF 03/05/2002 The Hopi Tribe has added a third shopping complex in Flagstaff to its real estate portfolio. Hopi officials said the tribe closed Friday on the purchase of Heritage Square, a 15,000-square-foot, two-story retail and office building in the heart of the historic downtown. The tribe also announced it had purchased more than 18,000 acres of ranchland at three sites near Holbrook and Winslow. The Hopis already own the Continental Plaza and Kachina Square shopping centers, plus extensive ranchlands east of Flagstaff along the Interstate 40 corridor. A federal payment to the Hopi Tribe of $55 million as part of its accommodation agreement with the Navajo Nation on long-term leases for Navajo families remaining on Hopi lands has helped to underwrite a string of off-reservation investments in recent years. Heritage Square was built in 1998 by Scottsdale developer Walt Rector in concert with the city of Flagstaff, which owned the property at Aspen Avenue and Leroux Street. At one time, plans called for an underground movie theater complex on the site; today, there is an underground parking garage. The building's biggest tenant, the Down Under restaurant, closed late last year. To date, no new restaurant has opened in Heritage Square. A press release issued Monday by the Hopi Tribe said the purchase will help the tribe diversify its economic assets and improve its return on investment. The land purchases include the 12,867-acre Dobell Ranch southeast of Petrified Forest National Park; about 3,800 acres of private land within the boundaries of Homolovi State Park in Winslow; and about 1,700 acres of scattered private land bordering and nearby to the Hopi Tribe's Clear Creek and Aja ranches near Winslow. Homolovi is the site of an ancient Hopi village, and the release said the nearby land was purchased with the intent of one day having the Hopis take over management of the ruins from the state. The Dobell Ranch will remain a working ranch and be added to the Hopi Three Canyon Ranches, as will the acreage near the Clear Creek and Aja ranches. The release said the tribe expects to apply for trust status for a small parcel near the Aja ranch, a designation that would exempt the land from state and local jurisdiction. The release said the Hopis are interested in acquiring the 13-acre Shell Truck Stop east of Holbrook pending the outcome of an environmental assessment and other analyses. Copyright c. 2000-2002 Arizona Daily Sun. --------- "RE: Hopi College Program a Hit" --------- Date: Wed, 27 Feb 2002 08:18:54 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HOPI COLLEGE" http://www.owlstar.com/dailyheadlines.htm http://www.gallupindependent.com/todaysnews.html#anchor1 Hopi 'college' program a hit Stan Bindell Special to the Independent SANTA FE - Hopi Junior/Senior High School has drawn more recognition from Harvard during the Honoring Nation's Good Tribal Governance Symposium Feb. 7-9 in Santa Fe. Hopi Junior High School Principal Glenn Gilman gave a presentation of the school's Two Plus Two Plus Two program, which was given High Honors by Harvard's Honoring Nation's program in November 2000. Hopi High School and the other 31 award winners gathered at this symposium to share their success stories with the hopes that Indian entities can take this back to their reservations and duplicate what has been successful toward helping Indian people. Two-Plus-Two-Plus-Two is a college transition program between Hopi Junior/Senior High School, Northland Pioneer College and Northern Arizona University that enrolls senior high school students in classes offering concurrent college level credits. The students taking the courses may have gained 30 transferable college credits by the time they graduate from Hopi High. Principal Gilman said the program helps Hopi students attain advanced educational degrees which empowers them with technological and academic skills. Gilman emphasized that many Hopi High School students in the past had trouble with adopting to the college life and had to dropout during their first year ofcollege, but through this program more Hopi High students are going on to earn their college degrees.Launched in 1997, the Two Plus Two Plus Two programinvolves two years of high school, two years ofpost-secondary education leading to an Associate degree and two additional years of college leading to a Bachelor degree. Hopi High School students who are enrolled in the program earn college credits toward an Associate or Bachelor degree while taking qualified courses at Hopi High School. These for credit courses are taught on site by Hopi High School staff who are also certified to teach community college. Gilman said the program's ultimate goal is to increase the number of skilled Hopi professionals on the reservation. Being able to take the first two years ofcollege on the Hopi Reservation enables the students to stay with their family and stay active in the Hopi culture. The students then go off to college with more experience and confidence. With its focus on math and science, Two Plus Two PlusTwo prepares students for health care and other top-notch careers. This program also incorporates the latest interactive technology including t-100 Internet capability and an interactive satellite conference system which allows Hopi students to take some courses from NAU through satellite. The program offers a pre-med chemistry class which is taught primarily over interactive television by an NAU professor while the Hopi High School teacher conducts labs and offers tutorials. Gilman added that one of the reasons for Hopi High School's success is its switch from a BIA school to a federal grant school. While it was a BIA school, there were outdated curricula, poorly maintained facilities and high teacher turnover. Since becoming a grant school in 1995, Hopi High School has updated its curricula to meet state standards, upgraded and maintained its facilities and now has one of the best teacher retention rates in the state. The Honoring Nations Award from Harvard stated that the Hopi Two Plus Two Plus Two program teaches two important lessons: When faced with low student achievement and high post-secondary dropout levels, tribes can increase student success by creating college transition programs. Local institutions of higher education can be effective partners in supporting and preparing native high school students; and Interactive distance learning can increase students access to technically advanced subjects and allow them to remain on the reservation while obtaining college credit. Dave Loveland, a math teacher at Hopi, said when he came to the school six years ago that the students weren't learning upper level math, but advanced math is now taught as early as the seventh grade and students have become proficient at math. He credits the administration with consistently supporting the teachers to reach academic goals. Mark Lewis, who joined the Hopi Junior/Senior HighSchool Governing Board in January, sat in on a roundtable discussion on how to improve partnerships to achieve goals in Indian country. Lewis, who serves as director of the Hopi Guidance Center, said partnerships are important as shown by the Two Plus Two Plus Two program. In response to a question, Lewis said he has learned that it takes leadership to approach a hostile government. He said the school board, especially Hopi High Governing Board President Ivan Sidney, showed leadership by switching the school from BIA to grant. "The board was proactive and showed initiative," he said. Lewis said the way to address a problem is not to think about hostile governments, but to think about how to establish a rapport with those in power. "But people have to be held accountable," he said. "You're likely to be successful if you're more proactive." Lewis said as a health care official he has learned that collaboration is important. "Collaboration is a word imbedded in Hopi, but it'snot always easy to apply in practice. It takes good leadership to maintain partnerships," he said. Copyright c. 2002 The Gallup Independent. --------- "RE: BIA School Reform" --------- Date: Mon, 18 Mar 2002 08:58:09 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BIA SCHOOL REFORM" http://www.owlstar.com/dailyheadlines.htm http://www.daily-times.com/Stories/0,1002,6574%257E468108,00.html Domenici: BIA school reform doomed without tribal cooperation By Special to The Daily Times Saturday, March 16, 2002 - 11:52:51 PM MST WASHINGTON - Any effort to unilaterally act on a plan to privatize Bureau of Indian Affairs schools will be doomed without extensive consultation with tribal and congressional leaders, U.S. Sen. Pete Domenici warned Bush administration officials Thursday. Domenici serves on the Senate Indian Affairs Committee that Thursday received testimony from Assistant Secretary for Indian Affairs Neal McCaleb on the proposed BIA budget for FY2003. In addition to addressing the BIA's proposed School Privatization Initiative, Domenici also pressed for the BIA to get behind efforts to provide more stable funding for the Crownpoint Institute of Technology and other postsecondary Indian schools. The administration's proposed FY2003 budget recommends $11.9 million toward developing a plan to have tribes manage BIA schools or allow private entities to manage them. During questioning, McCaleb confirmed that the privatization plan was included in the administration's budget request without input from American Indian leaders or tribes. "It is imperative that Secretary McCaleb get with Indian leaders to explore this option. It is also essential that these leaders be part of the process of determining if this plan has merit, if it is workable, and if is something that will help give American Indian children better educations," Domenici said. "This is a plan that has not been vetted in Indian Country, which is why I am hearing more and more concerns about school closures." He warned McCaleb that, "If its done unilaterally, we [Congress] will keep you from doing it." Domenici earlier this week met with visiting Fort Wingate High School students and gave them similar assurances. "We should proceed carefully and with due diligence to determine what's best for improving education proficiency within every tribe, from preschool through college or technical schools," Domenici said. McCaleb, reporting that he is scheduled to be in Farmington in early April, agreed to Domenici's suggestion that he should visit the CIT campus. Domenici suggested that a visit by McCaleb might help turn the BIA budget away from a budget recommendation to offer no federal funding to this school, which most recently sent students from its culinary program to work at the Salt Lake City Winter Olympics. "I believe there is a need for an analysis of everything Indian colleges and technical schools are doing. I think Secretary McCaleb would be amazed the success schools like Crownpoint, which operates on a shoestring budget, are doing in terms of job training and advanced education. No one would want to close it if they analyzed the benefits it and other schools are making in the lives of the Indian people," Domenici said. Domenici, who serves on the Senate Appropriations Committee and the subcommittee that funds the BIA, vowed to again secure funding for CIT for FY2003. Last year, Domenici secured $1.2 million to support CIT operations in 2002. Domenici did commend McCaleb for the $292.7 million sought for overall BIA school construction and $164.4 million for facilities repair in FY2003, which includes $42.2 million for work in New Mexico. EDITOR'S NOTE: Domenici's office provided this article. Copyright c. 1999-2002 MediaNews Group, Inc. --------- "RE: Archaeologists find Mayan Masterpiece" --------- Date: Thu, 14 Mar 2002 09:21:54 -0600 From: Chris Spotted Eagle Subj: Mayan Mural Mailing List: Minnesota Indian Affairs March 14, 2002 Archaeologists Find Mayan 'Masterpiece' in Guatemala By JOHN NOBLE WILFORD Archeologists exploring deep in the rain forest of Guatemala have uncovered what they think is the earliest intact wall painting of the Maya civilization. A depiction of scenes from mythology and ritual, the 1,900- year-old mural is being hailed by experts as a masterpiece. Even though only part of the mural has been exposed so far, scholars said the scenes and portraits promised rare insights into the society and religion of the Maya. The paintings, dated about A.D. 100, are described as more extensive and better preserved than the only other existing piece of Pre-Classic wall art. What is known as the Maya Classic period lasted from A.D. 250 to about A.D. 900. "It opens a window into the mythological and courtly life of the ancient Maya," said Dr. William Saturno, a lecturer at the University of New Hampshire and researcher at the Peabody Museum of Archaeology and Ethnology at Harvard. Dr. Saturno led the team that found the mural in a buried room at the ruins of San Bartolo, a Maya ceremonial site that was previously unknown to archaeologists, in an uninhabited part of northeastern Guatemala. The discovery is being announced by the National Geographic Society, which supported the research, and is publishing an article on the findings in the April issue of its magazine. Dr. David A. Freidel, an archaeologist at Southern Methodist University in Dallas, was not a team member but has studied pictures and drawings of the mural scenes. To help bring the faded mural to life and possible understanding, an artist working with the researchers has studied photographs and drawn outlines of the scenes. "It's as fine a mural as I've ever seen painted in Mesoamerica," Dr. Freidel said, referring to the region of southern Mexico, Guatemala, Belize and Honduras where the pre-Columbian Maya culture thrived. "The quality of the execution, the composition itself, the beautifully rendered faces... this is a master at work and a masterpiece of visual art." Dr. Saturno said that luck and exhaustion entered into the discovery. Arriving at the San Bartolo site exhausted after a three-day journey, he sought shade in a tunnel that looters had dug near an 80-foot pyramid. He turned a flashlight on the dark tunnel wall. "There was this Maya mural, a very rare thing," he recalled. "The looters had cleared off a section and left it. I felt like the luckiest man on the planet." The visible part is about six feet long and more than two feet high, but this may be only 10 percent of the total painting. The archaeologists said that traces of the border and other clues suggest that the entire mural wraps around the room. Most of the room, which adjoins the pyramid, is still filled with dirt and rubble. Joining Dr. Saturno in subsequent studies of the site were Dr. David Stuart, also of Harvard's Peabody Museum, and Dr. Hector Escobedo of the Universidad del Valle in Guatemala. They determined the approximate date of the mural by comparing its style and content with the only previously known but poorly preserved paintings from the Pre-Classic period, those from the much grander Guatemalan site of Tikal. In the painting, at least nine people are standing or kneeling in a scene surrounded by geometric designs. The dominant figure is a man standing and looking back over his shoulder at two kneeling women. Dr. Karl Taube, a scholar of iconography at the University of California at Riverside, said the scene may depict an important ritual in Maya mythology, the "dressing of the maize god." Dr. Freidel, a co-author of "Maya Cosmos: Three Thousand Years on the Shaman's Path" (Morrow, 1993), said that it was more likely that the figure was not meant to be the maize god himself, but a ruler who is impersonating the god in a ceremony of regeneration associated with the season of planting and the season of nourishing rain. "The mural tells me that in the Pre-classic period, even before advanced writing, we see the king performing the kind of creation stories as we see later in the Classic period," Dr. Freidel said. But Dr. Stuart cautioned, "The painting is so early that we are not quite sure how to look at it." Copyright c. 2002 The New York Times Company. --------- "RE: Challenges Programs to benefit Native Hawaiians" --------- Date: Wed, 6 Mar 2002 08:18:40 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HAWAII" http://www.owlstar.com/dailyheadlines.htm http://www.azcentral.com/news/articles/0305nativehawaiians-ON.html Group challenges state programs to benefit native Hawaiians Associated Press March 05, 2002 19:05:00 HONOLULU - A group of Hawaii citizens filed suit in federal court, asking that two state programs to benefit native Hawaiians be declared unconstitutional because they are based on race. The suit challenges the Hawaiian Homes program, which allows native Hawaiians to lease public land for homes, and the Office of Hawaiian Affairs, which operates publicly-funded programs for native Hawaiians. The suit also seeks OHA's $337 million trust fund and the 200,000-acre Hawaiian Homes land trust be returned to general state control. Native Hawaiians now leasing trust lands for homes would be allowed to buy their lots. "These two programs make the state of Hawaii the only state in the entire nation that grants homesteads on its public lands exclusively to one race and in the case of OHA it grants what amounts to all the income from the public lands of Hawaii to one race," H. William Burgess, one of two attorneys representing the 16 plaintiffs, told reporters after filing the lawsuit Monday. "I call these two programs the motherships of racial discrimination by the governor of Hawaii, and the goal of this suit is to sink those two ships and rescue the passengers," he said. The suit cites a U.S. Supreme Court decision two years ago that struck down the Hawaiians-only requirement to vote in an OHA election. The high court ruled that definitions of Hawaiian and native Hawaiian are racial classifications and therefore conflict with constitutional prohibitions of racial discrimination in voting. Burgess said that same standard should be applied to Hawaiian programs. It also cites a 1995 Supreme Court decision holding that racial classifications "are constitutional only if they are narrowly tailored measures that further compelling government interests." "Neither the state of Hawaii nor the United States has a compelling interest in dividing its citizens into two classes based on race and discriminating against those citizens in one case and favoring those in the other," Burgess said. OHA attorney Sherry Broder said she plans to challenge the standing of the plaintiffs to file the suit. Two recent challenges of OHA were dismissed when a judge said plaintiffs lacked standing because they failed to show how they were harmed. Burgess said his clients have standing because they pay taxes, but are denied benefits because they are not native Hawaiians. He said if tax and land trust revenues were not diverted to the Hawaiians-only programs, the plaintiffs would either pay less in taxes or have the benefit of more state programs. District Judge Susan Mollway scheduled a hearing for next Monday on the group's motion for a temporary restraining order. Copyright c. 2002, azcentral.com. All rights reserved. --------- "RE: Alberta Aboriginals win Sweeping Tax Exemption" --------- Date: Fri, 8 Mar 2002 08:12:24 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TREATY 8 TAX" http://www.owlstar.com/dailyheadlines.htm http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/ Mar. 7, 09:03 EDT Alberta aboriginals win sweeping tax exemption Judge cites verbal promises made by Ottawa in 1899 EDMONTON (CP) - A Federal Court judge has ruled that northern Alberta aboriginals are exempt from a wide range of taxes as a result of verbal promises made during treaty negotiations 103 years ago. In a 172-page decision released Thursday afternoon, Judge Douglas Campbell ruled the "honour of the Crown" demanded the federal government uphold assurances that Treaty 8 did not open the way for aboriginal people to be taxed. "The plaintiffs are entitled to claim the benefits of Treaty 8, including the treaty right not to have any tax imposed upon them at any time for any reason," wrote Campbell. Campbell said this promise must be honoured even though it was clear that federal negotiators at the time didn't mean to permanently exempt aboriginals from taxes. "It has been proved that there was no intention on the part of the treaty commissioners to grant the tax exemption claimed by the plaintiffs, but the aboriginal people believed such a promise was made," Campbell wrote. "The central finding in this decision is that, in order for the honour of the Crown to be maintained, the defendant is required to recognize and fulfil the tax assurance as it was understood by the aboriginal people." Tanya Kappo, spokeswoman for the Treaty 8 Tribal Council, wept when she heard about the ruling. "This is very good news. It's been quite an emotional day over here." Other aboriginal officials were also delighted. "Excellent!" said Allen Willier, chief executive adviser for the Lesser Slave Lake Indian Regional Council. "I am just so pleased for the people in Treaty 8 because it allows for the mobility of employment rather than being restricted to First Nations (reserves)," he said. "People can work anywhere and not be subjected to the tax regime they had never agreed to 100 years ago. "I think it will help the employment situation of the band members." But the Canadian Taxpayers Federation, which was an intervener in the case, immediately condemned Campbell's ruling. "Welcome to the start of taxpayer apartheid," said Richard Truscott, who handles aboriginal issues for the federation. "It appears that the court has decided a certain group of Canadians, based on racial ancestry, will be exempt from paying taxes - all taxes, for all time, no matter where they reside in the country." Truscott said the decision may create a "a rush to the courts" by other bands seeking similar interpretations of their treaties. He urged the federal government to immediately appeal the decision. "I think Canadians have to wake up to the fact that federal government policies and court decisions are forever changing the face of their country." Kappo deflected Truscott's accusations. "I don't understand why they choose to ignore the history of this country and our relationship with the Canadian government. I really don't understand why they think treaty rights are race-based." Kappo said they expect the federal government will appeal the decision. "We have confidence justice will prevail. But how long that will take is a little bit questionable." Nancy Pine, spokeswoman for Indian Affairs Minister Robert Nault, said department officials will take time before commenting on the decision. Officials with the Justice Department and Revenue Canada weren't immediately available. Alberta Revenue Department spokesman Gordon Vincent said the province is reviewing the judgment and watching to see what the federal government does next. Under current tax law, native people do not pay taxes when they live and work on reserves but must do so if they live and work elsewhere. The case was brought in 1992 by Gordon Benoit, a Mikisew Cree who lives off-reserve in Fort McMurray, Alta. His case relied on the oral tradition of Treaty 8 elders. They say that David Laird, chief commissioner and Treaty 8 negotiator, promised their ancestors they wouldn't have to pay tax under the treaty. Benoit's lawyers pointed to Laird's 1899 report to the Privy Council, in which he wrote: "We assured them that the treaty would not lead to any forced interference with their mode of life, that it did not open the way to the imposition of any tax." Lawyers for the federal and Alberta governments argued that Laird couldn't have made such a promise because he knew it would have been beyond his legal mandate. Ultimately, Campbell drew on previous Supreme Court rulings saying that ambiguity in treaties must be resolved in favour of aboriginals. His ruling means that the verbal tax exemption promise is now legally part of Treaty 8, which is protected by the Constitution. The finding affects 23 bands in northern Alberta, although nearly half of their 29,000 members live off-reserve. Copyright c. 1996-2002. Toronto Star Newspapers Limited. --------- "RE: Rocky Boy Voters amend Constitution" --------- Date: Fri, 14 Mar 2002 08:24:54 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ROCKY BOY AMENDED" http://www.owlstar.com/dailyheadlines.htm http://www.msnbc.com/local/PNHV/N270051.asp?cp1=1 Rocky Boy voters amend constitution Tim Eberly Mar 14 - In 1958, more than 100 enrolled members of the local Chippewa Cree tribe were stripped of their tribal membership because they had not lived on Rocky Boy's Indian Reservation for the previous decade. An amendment passed last week in the tribe's secretarial election will ensure that won't happen again. With the amendment - one of four that passed March 6 in the tribe's first constitutional revision since 1972 - the only way a tribal member can lose membership status is by enrolling with a different tribe. "Once you're a member, you're always a member," said James Montes, the Bureau of Indian Affairs field representative at Rocky Boy. "There was such an uproar over it that it hasn't been enforced since (1958). It created a lot of hard feelings." Though 389 people registered for the election, only 175 members cast votes. The election had been scheduled for September but was delayed so more people could fill out the special registration for the election. About 1,200 Rocky Boy residents voted in the November 2000 tribal election. Of the 190 absentee ballots that were mailed out to voters, 91 were returned to the BIA. The BIA needed at least 117 people to vote - 30 percent of the voters who registered for the election - in order for the results to be valid. Forty-four percent of the registered voters participated in the election. "The rest didn't care," Montes said. "They were apathetic. I guess it's harder to get people to vote for governmental reform than it is for a tribal election, when you're voting for a candidate that you support." Results were posted Wednesday afternoon at about 10 public places on the reservation, including Stone Child College and the tribal office. The BIA extended the deadline for absentee ballots by a week. A heavy snowstorm on Election Day may have affected voter turnout at the polling place at Stone Child College, Montes said. Despite the availability of stew and fry bread, only 84 people cast ballots in person. The weather "was pretty bad out here," Montes said. "The roads were kind of bad. So I was pretty proud of the 84 people that took the time and interest to brave the cold weather and vote." A three-day waiting period exists for official protests. After that, Montes will forward the results to the BIA's Rocky Mountain Regional Office in Billings. He said the new amendments could go into effect by April. Passed by a 147-27 vote, Amendment A will cut the lame-duck period for elected tribal council members and judges from six months to one month. Also, the terms of the tribe's chief judge and two associate judges will be staggered. In tribal court, the maximum penalty for convictions will be increased from six months in jail to one year, and from a $500 fine to $1,000. The Chippewa Cree tribal court only prosecutes misdemeanors; all felonies are handled in federal court. That amendment passed 112-62. Chippewa Cree members convicted of a felony or a drug charge - on or off the reservation - must wait five years after serving their penalty before they can run for a tribal office, according to Amendment C, which passed by a 154-20 vote. That waiting period also will exist for individuals convicted of misdemeanor bribery or dishonesty in tribal court. Copyright c. 2002 MSNBC. --------- "RE: Call for protection of Sundance and Sweat" --------- Date: Wed, 06 Mar 2002 13:11:05 -0000 From: "dodie_finstead" Subj: Northern Cheyenne calls for protection of Sundance and Sweat Mailing List: ndn-aim from Indigenous-people list Release to Indigenous news media Northern Cheyenne calls for protection of Sundance and Sweat Lodge Plains spiritual leaders to meet at Bear Butte following arrest in California of New Age shaman PORTLAND, Ore. - Concerned over the desecration of the Northern Cheyenne Sundance and Sweat Lodge, Bernard Red Cherries said it is now more important than ever to protect the sacred for future generations. Red Cherries, Northern Cheyenne from Montana, is a Sundance/Arrow Priest and Elk Society Headsman. "We ask the people who are abusing these ceremonies to take pity on us and leave our ways to us," Red Cherries said. "The heart of the people lies in the language and the ceremonies, that is what the Cheyenne people believe," Red Cherries said. Red Cherries called on the legitimate spiritual leaders of the Cheyenne and Lakota Nations to meet in mid-March at Bear Butte, S.D., to discuss the protection and preservation of the ancient ceremonies which are now being abused. Red Cherries' statement came after Nathan Deon Cagle, 49, known as "Windwalker," was convicted on eight felony counts in Yolo County Superior Court in California. Claiming to be a Northern Cheyenne spiritual leader, Cagle conducted $300 sweat lodge ceremonies and $600 "vision quests." He offered Native experiences to Girl Scouts and advertised rites of passage programs and pipe ceremonies on the Internet. Cagle, who maintains his innocence, was recently convicted of grand theft, theft by false pretenses, extortion, stalking, embezzlement and a fraudulent check charge. Red Cherries said the Sundance and Sweat Lodge are being carried out by non-Natives and New-Agers, as well as Natives who do not hold traditional authority to conduct the ceremonies. "Out here in the Pacific Northwest as well as other places, like the East Coast, Europe and Germany, the sacred Sweat Lodge is being adopted and practiced by those who have no lineal or tribal connection. "The Sweat Lodge was given by the Creator; we have oral history as well as ceremonial proof and testimony, that it ascended from certain Tribes." Although there are similar forms of sweat lodges in other tribes, it is the Plains Warrior Sweat of the Cheyenne and Lakota Nations that seems to be the most often exploited, he said. "The Plains ceremonies are imitated and exploited by non-Native, and at times Native, New-Age shamans who are self proclaimed priests or priestesses molding it to there wild agendas. "I have heard of sweats termed as new moon sweats and solstice sweats, somewhere this non-sense must be challenged. "I don't think our elders who fought so hard and paid the ultimate price with their blood and lives so that we could continue to carry on our ceremonies have ever heard of these types of sweats." Red Cherries said the Sweat Lodge is the equivalent of modern-day churches to Christians. In a letter to medicine men and councilmen, Red Cherries asked what would happen if a Native American put on black robes and claimed to be a clergy. "I don't think that they would like it very much. You know we would be thrown in jail and charged for impersonation. Shouldn't we be given the same due and protection by law? "We need to address this issue of abuse and attempt to quell this bastardization and exploitation of our sacred ways." Red Cherries, who lives in Portland, said there are two Cheyenne Sundance ceremonies in Oregon and Washington being performed by two Cheyenne who do not have the ceremonial right to do so. Meanwhile, claiming Lakota descent, there are at least five Sundance ceremonies in Oregon and three others in Washington state. Red Cherries has asked medicine men to consider the desecration of the ceremonies during the upcoming gathering at Bear Butte. He suggested an assessment of off-reservation Sundances and other ancient ceremonial gatherings. Among the considerations is whether those conducting the ceremonies should be fluent in the ancient language of the tribes. He said the language is quickly vanishing among young Cheyennes in Montana. Also under consideration is whether leaders of the Sundance should be those who have pledged a Sundance and become Sundance Priests. Red Cherries said ceremonies could be clarified and defined by way of customary traditional law. In this way, the sacred would be protected for future generations from those who aim to hurt and decimate the ceremonies out of ignorance and arrogance. "The Sweat Lodge, being a central part of our ceremonies, being ceremonially taught and given by the Ancient ones, needs to be protected." ===== From: Brenda Norrell 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: Tribes cry foul over Boundary" --------- Date: Tue, 12 Mar 2002 08:19:18 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BOUNDARY" http://www.pechanga.net/ http://www.tribnet.com/frame.asp?/sports/outdoors/0310c24.html Tribes cry foul over boundary Bob Mottram; The News Tribune The state Fish and Wildlife Commission plans to reopen a decision process that established a southern boundary in southwest Washington for off-reservation hunting by Washington's Medicine Creek Indian tribes. Those tribes are the Muckleshoot, Puyallup, Nisqually and Squaxin Island. The boundary line prompted outrage by the Cowlitz Indian Tribe, newly recognized by the federal government, which said the boundary invaded its exclusive hunting area. The area contains one of Washington's major elk populations. The department had established the boundary in order to settle a long- term dispute between Medicine Creek tribal hunters and Department of Fish and Wildlife enforcement officers as to how far south treaty hunting rights extended. In doing so, it utilized a decision by a pair of mediators on the location of the Medicine Creek tribes' historic hunting territory. The Cowlitz Tribe, which claims exclusive aboriginal hunting rights in the Cowlitz River drainage, filed a lawsuit against the department seeking to overturn its action and saying the department had excluded it from the mediation. Russ Cahill, Fish and Wildlife Commission chairman, said that, while the commission will reconsider its boundary rule, it is not likely to change the rule's effect. "The way it looks is that we were setting a tribal boundary," Cahill said, "and we can't do that. That's a federal responsibility. "What we can do is make rules for our enforcement people in dealing with tribal and nontribal people." He said the commission's reconsideration was in response to two petitions, one from a private individual, the other from the Yakama Indian Tribe. "The Yakamas' interest in it was the state setting a tribal boundary," Cahill said. "They thought it was inappropriate." That also was a part of the other petition, Cahill said. "We're going to redo the regulation," he said, "so we've got to reopen the whole public comment process. "It's possible, as we do the rule-making now, we can do it more artfully." - - - Reach staff writer Bob Mottram at 253-597-8640, or bob.mottram@mail.tribnet.com Copyright c. 2002 The News Tribune. --------- "RE: Cowlitz Tribe asks to put Land in Trust" --------- Date: Thu, 14 Mar 2002 08:16:08 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="COWLITZ LAND" http://www.pechanga.net/ http://www.oregonlive.com/metronorth/oregonian/ Tribe asks to put land in trust 03/13/02 FOSTER CHURCH VANCOUVER -- The newly recognized Cowlitz Indian Tribe applied Tuesday to place 150 acres of land at La Center junction in trust. The tribe intends to make the land its initial reservation. Tribal officers said they have no plans to build a casino on the land. "There has been no decision about what we will do with it," said Tribal Chairman John Barnett. "It will be used for some kind of cultural or economic or business development." Barnett's son, David Barnett, who is a member of the tribal council, was vehement that the tribe does not intend to develop a casino on the property, which is zoned for agricultural use. "We are not doing a casino," he said. "We have no plans to do a casino. We are recently recognized, and we want to make sure that everyone knows, including our neighbors, that we are good people and that we are good stewards of the land." David Barnett said he envisioned the land being used for a cultural enterprise, similar to Tillicum Village on Blake Island in Puget Sound near Seattle. The tribe filed with the Bureau of Indian Affairs in Portland on Tuesday morning for what is called a fee to trust transfer that would allow the land to be placed in trust in the name of the tribe. The process, according to Stan Speaks, Northwest regional director of the bureau, could take six months to a year or longer, depending on whether appeals or lawsuits are filed. He said a separate application would be required to designate the land as the tribe's reservation. That would require approval by the U.S. secretary of the interior. John Barnett and David Barnett met Tuesday with Clark County Commissioner Betty Sue Morris, county Administrator Bill Barron and county Deputy Prosecutor Chris Horne. "They have been very forthright and upfront in their discussions with us, " Morris said. "They said they have no plans for the land, and that they wanted to be good neighbors, good citizens, comply with the codes and do the same things private development would do." But Morris said it was her impression that they had not ruled out a casino. "They said very openly that they know that a lot of people think they will run out there and put in a casino," she said. "They are not saying they are not going to put in a casino, but that is not the only thing they were thinking about." Morris said David Barnett also noted that tribal casinos have not necessarily been successful. Morris added that they discussed the possibility of agreements between the tribe and Clark County that would allow the county to provide emergency and educational services on the reservation and allow county law enforcement to gain access to the reservation. The 150-acre parcel is on the west side of Interstate 5 at Northwest 319th Street. David Barnett has an option to purchase the property. He has in turn assigned his right to purchase to the tribe, according to the tribe's lawyer, Dennis J. Whittlesey. The Cowlitz tribe won federal recognition as a tribe in early January after a lengthy process. The Cowlitz maintains its tribal office in Longview. The tribe's aboriginal lands extend from northern Clark County east to Mount Adams and north to Mount Rainier, according to Stephen Dow Beckham, a Lewis & Clark College historian who documented the tribe's history. Meanwhile, David Barnett, attempted to dispel anxieties about the tribe's action. "I hope there is no fear with the people in Clark County that we are going to come and overrun the county like some tribes do in other areas," he said. "That is not our intention. We are progressive thinkers who would love to get along." Foster Church can be reached at 360-896-5720 or 503-294-5900 and by e-mail at: fosterchurch@news.oregonian.com Copyright c. 2002 OregonLive.com. All Rights Reserved. --------- "RE: Crow Constitutional Test ends with Lockout" --------- Date: Fri, 14 Mar 2002 08:24:54 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CROW LOCKOUT" http://www.billingsgazette.com/index.php?id=1&display=rednews/2002/03/15/ Crow constitutional test ends with lockout March 15, 2002 By JAMES HAGENGRUBER Of The Gazette Staff Three ousted Crow Tribe judges expected to have their day in court on Thursday. Instead, they and the judge holding the hearing were locked out of the courtroom and blocked from entering by tribal and federal police officers. A show-cause hearing was scheduled for 10 a.m. in the Crow Agency court building. The case was considered an important test of separation of powers for the tribe. Entry to the court building was denied to all but court employees. Court employees were kicked out of the building later in the morning. "They won't let anybody in," said one employee, who refused to give her name for fear of losing her job. "It's embarrassing. People are calling us a kangaroo court." The tribe's three elected judges were ordered off the bench Feb. 21 after tribal executive leaders and legislators passed a resolution calling for the tribal chairman to appoint judges for life. Crow Appellate Judge William Watt, who is also a Missoula attorney, said his position was not affected by the order. On March 5, he issued an order for tribal leaders and legislators to appear in court to explain their recent actions. When Watt arrived in Crow Agency Wednesday, he was met with an order firing him by Robert LaFountain, who was recently appointed special judge by the tribe's chairman, Clifford Birdinground. Watt said he has been the appeals judge since 1995. Watt arrived at the tribal courthouse Thursday at 9:30 a.m. and was met by tribal security guards and police officers from the Bureau of Indian Affairs. Robert Pease, of the BIA, told Watt he would be arrested for trespassing if he attempted to enter the building, Watt said. Watt said he left the property asked others to remain civil. Watt was working out of a temporary office in Crow Agency Thursday and said he was discussing the activities with "federal legal authorities." "I am inquiring as to the legitimacy of (BIA) involvement and support in this matter," he said. "I consider myself to be the lawful court of appeals judge and, in fact, the only judge remaining with authority." Tribal leaders did not return phone calls from the Gazette on Thursday. Previously, they called the changes part of an ongoing effort to reform the tribe's constitution. Billings attorney and Crow Tribe member Urban Bear Don't Walk planned to be in court Thursday to argue against the changes. He said the resolution in question completely changed the tribe's judicial system and effectively barred any attorney from arguing in tribal court. Bear Don't Walk called Thursday's hearing a vital test of the tribe's separation of power clause in its new constitution. "We've got separation of powers now," he said. "That's what (tribal leaders) wanted. That's why they put it in there. Now, they're finding it a tight shoe." Copyright c. The Billings Gazette, a division of Lee Enterprises. --------- "RE: High Court turns away Off-reserve Tax Challenge" --------- Date: Fri, 14 Mar 2002 08:24:54 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TAX CHALLENGE REBUFFED" http://www.owlstar.com/dailyheadlines.htm http://www.canoe.ca/NationalTicker/CANOE-wire.SCOC-Natives-Tax.html High court turns away off-reserve native worker's income-tax challenge March 14, 2002 OTTAWA (CP) -- A native woman has lost her bid to argue before Canada's top court that she shouldn't pay income tax for wages earned in Toronto but paid through a job agency on a nearby reserve. The Supreme Court of Canada dismissed Thursday the case of Rachel Shilling, a member of the Rama First Nation near Orillia, Ont. No reasons were given for the high court's refusal to hear the case, as is normal in applications for leave to appeal. But it is an outcome that could affect other native people who have not paid tax on off-reserve income earned through on-reserve leasing companies. Shilling, who earned $48,000 a year as a manager at a Toronto native health centre, says she'd rather serve jail time than pay taxes skipped for at least seven years. It's the principle, said the 50-year-old single mom and grandmother. Shilling appeared at a news conference on Parliament Hill where the head of the Assembly of First Nations urged Ottawa to respect historical treaties and broaden native tax exemptions. "This issue will not go away," said National Chief Matthew Coon Come. "We are covered by ... nation-to-nation agreements that provide us protection and immunity from taxation by another nation. "These are agreements they signed," he said, referring to government leaders. "And as honourable men, they should (fulfil) them." It was because of such treaties that native ancestors across Canada first agreed to share land with white settlers, Coon Come said. Revenue Canada spokesman Michel Proulx, citing privacy concerns, would not say whether the agency would go after Shilling or co-workers for payment. The Federal Court of Appeal overturned last June a trial court judgment allowing an income tax exemption for Shilling, who was hired by Native Leasing Services to work at a Toronto native health centre. Shilling signed up with the employment agency on the Six Nations reserve near Brantford, Ont., to avoid paying taxes, court heard. The company has about 1,000 workers, most of them single moms earning $32,000 a year on average. The three-member appeal court panel said the trial judge erred in granting the exemption. Shilling's only connection with the reserve was that she received a paycheque from a company operating from it, the panel concluded. Revenue Canada evaluates which native workers pay income taxes based on established guidelines that are arbitrary and inflexible, Shilling argued. In general, work has to be closely connected to a reserve to qualify for non-taxable status. Roger Obonsawin, owner of the Six Nations employment agency, said the fight isn't over. Three other test cases similar to Shilling's will proceed, and will make stronger arguments for how the reserve benefits from work done off the territory, he said. "Why should I pay taxes to a federal government that gives it back to me as handouts?" Richard Truscott, Saskatchewan director for the Canadian Taxpayers Federation, wondered why native people need special rules. "If we're exempting people from paying tax it should be because they're too poor to pay. Not because of ancestry or some alleged verbal treaty entitlement." Section 87 of the Indian Act exempts natives from taxes to "protect their personal property." In Shilling's case, the appeal court ruled that her paycheque -- paid by a business on a reserve, but for work performed off-reserve -- is "intangible" personal property not governed by the act. Fighting the test case has already cost his company more than $1.5 million in legal bills, Obonsawin says. Employees pitched in about $300,000, he added. Revenue Canada has increasingly levied taxes against natives if they compete in the "commercial mainstream" against non-native companies. Obonsawin conceded he has much to lose. Non-taxable status helped attract workers to his company, he said. He would typically keep about five per cent of an employee's earnings, but assumed risks and offered training in return, he said. At least 80 per cent of agency employees are placed in jobs off reserve. Copyright c. 2002, Canoe, a division of Netgraphe Inc. All rights reserved. --------- "RE: Court won't hear fight over Taxing Tribal Fuel" --------- Date: Sat, 2 Mar 2002 12:06:04 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="GAS TAX" http://www.owlstar.com/dailyheadlines.htm http://www.spokesmanreview.com/news-story Court won't hear fight over taxing tribal fuel Gas sold on Indian reservations won't be subject to state tariffs Saturday, March 2, 2002 Associated Press WORLEY, Idaho - The U.S. Supreme Court has refused to review Idaho's appeal of a case questioning its authority to tax fuel sold on Indian reservations. Last fall, Attorney General Al Lance's office petitioned for review of the Idaho Supreme Court decision barring the state from taxing Lewiston- based Goodman Oil Co. for gasoline it delivers for resale on the Coeur d'Alene Tribe Reservation. More than 23 cents per gallon of Idaho's 25-cents-per-gallon fuel tax is dedicated to road construction and maintenance. Almost $6.2 million of that was spent on Coeur d'Alene Reservation roads between 1993 and 1999, according to Lance's office. The U.S. Supreme Court on Feb. 21 declined to review an appeal by the State Tax Commission involving the exemption. Tribal retailers no longer have to pay tax on fuel purchased to sell on reservations. That means tribal gas stations in Idaho -- including three on the Coeur d'Alene Reservation -- could bring back millions of dollars to their tribal governments. "I don't know how much retroactive money is due to the tribe, but it's certainly a significant amount, I'm sure," said Coeur d'Alene tribe legal counsel, Alice Koskela. Koskela indicated the tribal council may keep the 20-cent tax to save for future projects. "It's going to be a question of the best use of funds for the good of the tribe," she said. Copyright c. 2002 Spokesman Review. --------- "RE: $247 Million award for Cayugas reaffirmed" --------- Date: Wed, 13 Mar 2002 08:54:12 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CAYUGA AWARD" http://www.pechanga.net/ http://www.zwire.com/site/news.cfm?newsid=3518449&BRD $247 million award for Cayugas reaffirmed By Seth Siditsky March 12, 2002 SYRACUSE - U.S. District Court Judge Neal P. McCurn Monday reaffirmed his decision to award the Cayuga Indian Nation $247.9 million in damages in its 22-year-old land claim case. McCurn's decision came in response to briefs and motions filed last year asking him to modify the award. The Cayuga Nation has sued for the return of more than 64,000 acres of former reservation land in Seneca and Cayuga counties, which they claim was taken from them illegally by the state 200 years ago. McCurn awarded $36.9 million in damages and $211 million in interest in a two-phase trial that began in 2000 and ended last fall. In yesterday's ruling, McCurn: * Denied the Cayugas' motion to increase and the state's motion to reduce damages awarded in the case, as well as their motions for a new damages trial. The Cayugas wanted to add $1.7 billion in interest to the original $36.9 million damage award. The state wanted the interest "denied or severely limited." * Granted the request that all defendants, except the state of New York, be removed from the federal case. * Granted the state's motions for a stay in having to pay the award. Citing testimony from state Budget Director Carole Stone, McCurn agreed it would be "difficult and disruptive" to later recover funds already spent on land, buildings or other capital items, if the decision is eventually overturned. He also agreed that the Cayuga tribes, with limited resources, might be unable to repay. The state now has 60 days to decide whether to appeal the ruling. "We are counting on the state to appeal as they have said they would," Connie Talcott, chairperson of the Upstate Citizens for Equality, said this morning. "We are looking for them to keep their word." Calls placed to the state Attorney General's office were not returned. Talcott said she hopes this is the last ruling by McCurn, and that UCE's goal has always been to get the case to an appeal, because they feel the case can be won in an appeal. Raymond Heslin, an attorney for the Cayugas, said this morning that this is McCurn's last ruling and if the case is appealed it will be taken to the 2nd Circuit Court of Appeals in Manhattan. "It is exactly what we anticipated he would do," Heslin said of the decision. Heslin said that the Cayuga Nation does not intend to appeal the