From gars@speakeasy.org Wed Aug 6 21:46:24 2003 Date: 6 Aug 2003 02:03:17 -0000 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews11.032 _ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' ____ _ , ___ _ , ___ / ' ) / / ) ' ) / / ' VOLUME 11, ISSUE 032 / /-< / /--/ /-- __/_ / ) (___/ / ( (___, WOTANGING IKCHE - Lakota - Common News Wotanging Ikche and Native American News Copyright c. 1996-2003 nanews.org Aboriginal/AmerIndian Perspective about the First Nations of Turtle Island August 9, 2003 Yuchi tseneaga/dog days moon Western Cherokee galohni/end of the fruit or drying up moon +-------------------------------------------------------+ | Much more happens in Indian Country than is reported | | in this weekly newsletter. For daily updates & events | | go to http://www.owlstar.com/dailyheadlines.htm | +-------------------------------------------------------+ Otapi'sin Atsinikiisinaakssin -- Blackfeet -- News for All the People Ni-mah-mi-kwa-zoo-min -- Ojibwe -- We Are Talking About Ourselves Aunchemokauhettittea -- Naragansett -- Let Us Share News Kanoheda Aniyvwiya -- Cherokee -- Journal of the People O Es'te Opunvk'vmucvse -- Creek -- People's New News O o O Acimowin -- Plains Cree -- Story or Account O o O Tlaixmatiliztli -- Nahuatl -- News O o o o o O Agnutmaqan -- Listuguj Mi'kmaq -- News O o O Sho-da-ku-ye -- Teehahnahmah -- Talking Birchbark O o O Un Chota -- Susquehannic Seneca -- The People Speak O Ha-Sah-Sliltha -- Ditidaht Nation -- News of the People 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 Dineh jii' adah' ho'nil'e'gii ba' ha' neh -- Navajo Nation -- What's Happening among The People News Okla Humma Holisso Nowat Anya -- Choctaw -- People(s) Red Newspaper Hi'a chu ah gaa -- Pima -- The stories or the talk of the People Native American News -- Language of the Occupation Forces ==>If you want your Nation represented in the banner of this newsletter<== email gars@nanews.org with the equivalent of "News of the People" in your tribal language along with the english translation <================<<<< >>>>================> 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.owlstar.com; www.indianz.com; www.pechanga.net; Native American Advocate, ndn-aim, Indian Heritage, Justice For First Nations Prisoners and Iron Natives 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 | | Once a language is lost, it is | | Limerick summarized in "The | | gone forever | | Legacy of Conquest: The Unbroken | | * Of the 300 original Native | | Past of the American West... | | languages in North America, | | "Set the blood quantum at | | only 175 exist today. | | one-quarter, hold to it as a | | * 125 of these are no longer | | rigid definition of Indians, | | learned by children. | | let intermarriage proceed as | | * 55 are spoken by 1 to 6 elders;| | it had for centuries, and | | when they die, their language | | eventually Indians will be | | will disappear. | | defined out of existence." | | * Without action, only 20 | | "When that happens, the federal | | languages will survive the next| | government will be freed of | | 50 years. | | its persistent 'Indian problem.'"| | Source: Indigenous Language | +-- -- -- -- -- -- -- -- -- -- -- --+ | Institute | |http://www.indigenous-language.org| This issue's Elder Quote: + -- -- -- -- -- -- -- -- -- -- -- + ======================== "Native American isn't blood. It is what is in the heart. The love for the land, the respect for it, those who inhabit it, and the respect and acknowledgement of the spirits and elders. That is what it is to be Indian." __ White Feather, Navajo +- -- -- -- -- -- -- -- -- -- -- -+ | 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! Unless you just stepped off the face of Earth last week you know there was an unwarranted raid on the Narragansett smoke shops. Things got nasty and more than a little extra force was used. - If you do need to catch up please read "Campbell sickened by Raid of Narragansett" in last week's issue or "Narragansett: Problems since the Mayflower" in this issue. ---- Here's a big surprise headline for you from "The Providence Journal"... August 04, 2003 R.I. police clear selves in smoke shop raid Rhode Island State Police "acted appropriately" during the July 14 raid of the Narragansett Tribe's smoke shop, an internal report concludes. The report says state troopers were within the law in carrying out a search warrant on the reservation. It doesn't fault the police for the violence that occurred as a result of the raid, saying that tribal members resisted. Gov. Donald Carcieri (R) says he told the police to withdraw from the scene if they encountered resistance. The report doesn't determine why the order was not followed. ---- Will everyone reading this who is even remotely surprised these gestapo- like tactics would be found appropriate by the same state police who performed the raid please go to the hospital nearest you (IHS hospitals excluded) and request a brain scan. Yours is missing. In the good old bad old days a win by the US calvary was a "Victory". A win by the Indians was a "Bloody Massacre". Some things, like dominant society anal-retentive attitudes, just don't change. Dohiyi Ani Oginalii , , Gary Night Owl gars@nanews.org (*,*) P. O. Box 672168 gars@speakeasy.org (`-') Marietta, GA 30008, U.S.A. ===w=w=== ----------- News of the people featured in this issue ---------- - Narragansett: - Coeur d'Alene Water Quality Problems since the Mayflower - Osage gain Major - Court rejects quick decision Land Claim Victory on Wampanoags - Suit filed - Superfund Site on Leech Lake for Residential School Abuses still a Threat - BIA Agent fights Sexual Abuse - Report: Feds underfund Indians in Indian Country - Pipeline Company - How did Spiritual Leader wants Reservation Land Condemned end up in Hospital - Utility drops Plans for Coal Mine - Native Prisoner - Woman Fire Starter -- Native American stabbed wants Civil Case dismissed -- NAPS Statement - Apache Timber Business -- Merced Sun Atwater Article escapes damage in 2nd Fire -- Modesto Bee Atwater Article - Questions in crime-torn Browning -- Arizonan found dead in cell - American Indians' Health -- Prisoners in Colorado Request Problems Serious Help with the Desecration - State and Indian Officials - History: Carlisle Indian School discuss Health Issues - Rustywire: - Native Americans' Toe Jams & Dust In Her hair High Diabetes Rate - Poem: Oregon Vacation - Makahs make Beach Trail Official - Verse: Hawaiian Book of Days - Totem Pole being refurbished - American Indian Cable Network - Indians from U.S., Mexico Tribes - APTN Nightly Newscast in Sacred Run boosts its Numbers - Salmon Ruin Reunion - This Week on First Peoples TV - Pressure Building - Tribes: Energy Plan to Settle Indian Lawsuit for Reservations goes too Far - Indian Trust Fund Case - Wind Powering Native America taking Toll - Kahnawake conducting Wind Study - Menominee Tribal Firefighters - Blackfeet Tribe join Montana Battle harnesses Wind Power --------- "RE: Narragansett: Problems since the Mayflower" --------- Date: Mon, 4 Aug 2003 08:45:49 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NARRAGANSETT http://www.owlstar.com/dailyheadlines.htm http://www.theday.com/eng/web/~B4C7-951CCB64A80F `We've Had Problems Since The Mayflower' By KAREN FLORIN Day Staff Writer Published on 8/3/2003 The Narragansett Indians opened a smoke shop on their Charlestown, R.I., reservation last month, knowing the state considered it illegal for the tribe to sell tax-free cigarettes. Two weeks earlier, the Shinnecock Indian Nation broke ground on a casino in Southampton, Long Island, without federal, state or local approval. The Wampanoag Tribe of Gay Head, who built a shed for their shellfishing business on their reservation without obtaining local permits, is engaged in a legal battle in Martha's Vineyard. It might look like the Summer of American Indian Resistance in the Northeast, with tribes and government officials clashing over everything from water rights and zoning ordinances to cigarettes and gambling. But Indian leaders say they are simply exercising their sovereign rights, not brazenly defying the law. They say such conflicts have occurred since Europeans arrived in the United States. "For it to be an act of defiance we would be acknowledging the position the state has taken, that we have no rights," said Randy R. Noka, first councilman for the federally recognized Narragansetts. He, his wife, Bella, and their son, Norman, were arrested along with five others when tribal members tried to stop state police from raiding the smoke shop on July 14. His daughter, Chali, was injured in the melee. "We had a feeling we would be challenged by the state," Councilman Hiawatha Brown said a day later. "We had no idea we would be storm-trooped." Outraged by the way their leaders and family members were treated, tribal members who witnessed the raid or gathered at the smoke shop in its aftermath evoked events that have scarred Narragansett people over the centuries. They recalled the Great Swamp Massacre of 1675, an attack on Narragansett women and children and elders, and harked back to the federal government's effort to detribalize them in 1880. They see the history of oppression extending to 1996 when the late U.S. Sen. John Chaffee attached a provision to an unrelated bill that requires the Narragansetts to get state and local approval to open a casino. "Folks have to realize, it wasn't an isolated event, the troopers storming the reservation that Monday," said Noka. "It's an ongoing history. It's the stories you heard or read when you grew up, stories your grandparents and great-grandparents told." Kurt Jordan, a lecturer in the American Indian program at Cornell University, said it is important to talk about things that happened 400 or 500 years ago. "That's one of the things we think of as being a luxury, sitting on a beach reading about Thomas Jefferson," he said. "But it's one of the things that's vitally important." The legal framework set during the earliest interactions between Indians and Europeans is still pervasive and still fundamental to the modern relations, Jordan said. "It was originally constructed in a nation-to-nation way, a peer relationship from the very beginning done on a government-to-government basis," he said. "Basically the natives assert today that nothing has changed and that is the basis of sovereignty." Still, the relationship between states and tribes remains a gray area in many ways, with contradictory court decisions and selective reading of precedent-setting cases, Jordan said. If native sovereignty is increased, states usually feel the brunt. "There's no clear cut way to proceed," he said. - - - - In the weeks leading up to the smoke shop raid, the state legislature failed to authorize a fall referendum for the Narragansetts' proposed casino in West Warwick. Gov. Donald L. Carcieri met with Chief Sachem Matthew Thomas and visited the reservation, saying he wanted to help the tribe improve its financial situation. He set up a meeting with his economic development team. Carcieri warned Thomas there would be problems if the tribe opened the smoke shop. "We've had problems since the Mayflower," the chief told the governor. In the aftermath of the raid, one man screamed he would be willing to die to protect the tribe's sovereignty. A woman brought up the hundreds of Sioux killed at Wounded Knee in 1890. There was talk of smallpox-infected blankets being distributed to Indians during the French & Indian War. But over the next couple of days, Thomas and other tribal leaders were emphasizing that the tribe would wage its battle in the courts. "They tried to incite us to react violently," said Medicine Man Lloyd G. "Running Wolf" Wilcox. "My people were wonderful. They defended the women and children. They didn't return aggression with aggression ... not this time." Thomas met with the governor briefly to "calm things down." At the smoke shop, tribal members discouraged television crews from interviewing a visiting member of the Wampanoag tribe who implied it would take a bullet to stop him from defending his fellow Indians. At a unity rally, the chief sachem told a large crowd that the intention was unity and peace, "and if those aren't your intentions, you took a wrong turn somewhere." Still, tribal members said they would never forget July 14. "It's how the troopers came in and how they manhandled and physically abused people," Noka said. "How can you possibly put your hands on the leader of a nation like they did that day?" Carcieri has appointed an independent commission to review the smoke shop incident. Last week, he received a report on the incident that he had requested from State Police Col. Stephen Pare. The report, released Friday, said troopers acted appropriately during the raid. The incident developed into a major headache for the first-term governor, who opposes casino development in Rhode Island. If the state was to vote today, many tribal members feel residents would approve the Narragansett gaming facility. Listening to Rhode Island residents debate the smoke shop issue on talk radio, Noka said only a few thought the state police raid was a good idea. "They must have hooded sheets in their closet," he said of those callers. - - - - Cigarette taxes have long been a point of contention between tribes and states, and the U.S. Supreme Court has ruled on the issue three times. In general, Indian law experts say, Indians are supposed to tax cigarettes sold to non-Indians on their reservations unless they manufactured the tobacco products themselves. Some tribes enter into revenue-sharing agreements with states, just as they do for gambling, but states have a hard time collecting taxes from those tribes that have no agreements. Charles K. Smith II, chairman of the Shinnecock Indian Nation board of trustees, sees a parallel between his tribe and the Narragansetts. "We're both in stages of economic development and on the road to self- reliance," Smith said. "As it is, we get reluctance by the state and they're fighting us. New York State is fighting the Shinnecock, and Rhode Island is fighting the Narragansett. Both nations are charged by the government to become self-sufficient, self-reliant. And when we try to do that ... " The Shinnecocks, backed by Oklahoma developer Ivy K. Ong, broke ground on a casino in Hampton Bays on June 30. The town and state quickly sued them, and the tribe is, for the time being, obeying a temporary restraining order. The matter is in federal court. Shinnecock leaders objected to one newspaper's characterization that the tribe had "thumbed its nose" at the government. "We were just exercising our sovereignty," Smith said. "We have a right to do that. We own the land. The government doesn't have a right to tell us what we can do on our land. We have been giving the government courtesy by responding to their temporary restraining orders. We haven't broken any of those restraining orders. Out of courtesy we're dong that, but we still have the right. " The 1,500-member tribe is not federally recognized. They started the process in 1978 but only just completed their application to the Bureau of Indian Affairs. Smith said it is "almost an insult" that they are asked to prove their identity. "We're extending ourselves as a courtesy for the government to acknowledge us as an Indian Nation," said Smith. "As far as we're concerned when they started the federal recognition policy, they forgot to include us and recognize us at that point. We have been here always and we have been on our original land before there was a U.S. government." Individual tribal members sell tobacco at three shops on the reservation, enterprises that Smith said benefit the tribe only slightly. One shop pays a lease and the others donate to different organizations on the reservation. When the first shop opened in 1983, local police tried to shut it down, Smith said, but "they were stopped by tribe members, then state police." Elsewhere in New York, the Seneca and Mohawk tribes have had tense and sometimes violent encounters with the state throughout the year. Individual members continue to sell tobacco, and the state government continues its efforts to collect taxes. Ten years ago in Connecticut, the state tried to stop Golden Hill Paugussett War Chief Moonface Bear from selling cigarettes out of the Colchester reservation. Indians armed with AK-47s held off state police for months. Moonface Bear eventually surrendered and was arrested, but state police never entered the reservation, and the war chief died of leukemia before his trial. During the same summer of 1993, Eastern Pequot member Mark R. Sebastian was arrested for trying to block a North Stonington road crew from fixing a road on the reservation because he feared the roadwork would damage significant archaeological sites. He ultimately pleaded guilty to creating a public disturbance and paid a fine. He appealed the jurisdiction issue to the state Supreme Court and lost. Today, both Connecticut tribes are trying to open casinos, a step that requires cooperation with, and from, local, state and federal officials. The outcome remains unclear. John Peters, executive director of the Massachusetts Commission on Indian Affairs and a member of the Mashpee Wampanoag, put Indian "acts of resistance" in historical perspective. Indians have put up with a lot over the years, he said, harking back to the so-called "Mashpee Revolt" of 1830. "They would hire people from the surrounding towns to come down and cut our wood while our people sat and had no employment," he said. After complaining to the court and getting no response, tribal members stopped the workers from cutting wood and sent them off. There was no bloodshed, Peters said, but "maybe some egos lost." "It was treated as if it was a violent incident," he said. "The idea that the natives would actually revolt and tell you, `You can't do this.'" Copyright c. 1998-2003 The Day Publishing Co. --------- "RE: Court rejects quick decision on Wampanoags" --------- Date: Mon, 4 Aug 2003 08:45:49 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="WAMPANOAGS" http://www.projo.com/ap/ma/1059780008.htm Court rejects quick decision on Wampanoags By LOLITA C. BALDOR Associated Press Writer WASHINGTON (AP) - A federal appeals court on Friday rejected a lower court ruling giving the federal Bureau of Indian Affairs one year to make a decision on the Mashpee Wampanoags' petition for federal recognition as an Indian tribe. In its ruling, the U.S. Court of Appeals said the district court was wrong to disregard BIA's "first-come, first-served" procedure, that has kept the Wampanoags waiting for a decision since 1996. The court returned the case to U.S. District Court, "for a full and fresh evaluation of whether the delay Mashpee is encountering should be deemed 'unreasonable."' Mashpee Wampanoag President Glenn Marshall said the decision was "somewhat frustrating, but fair." And he added, "the process for recognition has been a learning experience if nothing else. It has taught us patience." In the ruling, the appeals court said the lower court should not have deemed the delay unreasonable without fully considering the BIA's limited resources. The bureau has consistently complained about the lack of staff to review tribes' petitions for recognition, and Congress has conducted a number of hearings on the matter. The appeals court also said the lower court must also consider that other tribes waiting for decisions would be affected if one group is moved to the front of the line. The December 2001 district court ruling ordered the BIA to make a preliminary decision in six months, and a final determination in a year. The Mashpee Wampanoag first filed for recognition 20 years ago, but did not file the final, completed petition until January 1996. Tribes seek federal recognition because it allows them to receive federal funding, and also opens the door for possible casino gaming. The Aquinnah Wampanoag tribe of Martha's Vineyard is Massachusetts' only federally recognized tribe. They have tried to open a casino, but have been blocked by political opposition. Copyright c. 2003 The Providence Journal, Belo Interactive, Inc. --------- "RE: Superfund Site on Leech Lake still a Threat" --------- Date: Mon, 4 Aug 2003 08:45:49 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="LEECH LAKE HEALTH RISKS" http://www.owlstar.com/dailyheadlines.htm http://www.grandforks.com/mld/grandforks/news/6446928.htm HEALTH RISKS: Report shows Superfund site on Leech Lake still a threat Experts suggest people living or working near the site are probably being exposed to toxic chemicals Associated Press August 3, 2003 MINNEAPOLIS - A Superfund site on the Leech Lake (Minn.) Indian Reservation was not properly cleaned up, according to a new report from the University of Minnesota. The university put together panels of experts who reviewed existing data regarding the former St. Regis Paper Co. wood treatment plant in Cass Lake, Minn., and concluded there are still human and environmental health risks at the site. "The panels of experts found evidence to suggest that some contaminants are moving off of the site to areas that could cause human and ecological health risks," the report concludes. "The panels of experts also found evidence that people living or working near the site are probably being exposed to toxic chemicals at levels higher than what is considered protective of human health. This is especially important for children who live and play near the site." Groundwater issues The panel investigating groundwater issues recommended studying groundwater contaminant flow patterns to protect nearby wells and Cass Lake. The human health risk panel urged that steps - such as closing the area - be taken to minimize exposure of children to the site. The ecological risk panel concluded that monitoring at the site was inadequate to determine ecological impacts and that more monitoring is needed. Carl Richards, a biology professor at University of Minnesota-Duluth who helped oversee the study, said the U.S. Environmental Protection Agency and the company that owns the site didn't do enough to protect public health. Project collaborators The project was a collaboration between the University of Minnesota Sea Grant Program, the University of Minnesota Duluth's Natural Resources Research Institute and the Leech Lake Tribal Council. The St. Regis area near downtown Cass Lake has been a Superfund site since 1984. The plant operated from 1957 until 1985. The site is now owned by International Paper Co. Federal officials told residents on the Leech Lake Reservation in October that the site has tested positive for elevated levels of dioxin and may still be a health hazard. The EPA recommended at that time that people eat no more than 12 meals per year of whitefish from Pike Bay and Cass Lake. The fish should be skinned and the fat removed before cooking. During cooking, care should be taken to drain the fat away from the fish and other foods prepared alongside. The tribe now is working with the EPA, the Minnesota Department of Health and the MPCA to negotiate with International Paper on a plan for emergency soil removal and more soil sampling. Copyright c. 2003 the Associated Press. All Rights Reserved. Copyright c. 2003 Grand Forks Herald. --------- "RE: Report: Feds underfund Indians" --------- Date: Mon, 4 Aug 2003 08:45:49 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FUNDING INEQUITIES" http://www.argusleader.com/news/Mondayarticle1.shtml Report: Feds underfund Indians Peter Harriman Argus Leader published: 8/4/2003 Inequities a 'civil-rights crisis' for Native Americans, commission says In 125 pages, the U.S. Commission on Civil Rights has enumerated specifically a state of affairs people throughout Indian Country have long known anecdotally. The report, "A Quiet Crisis, Federal Funding and Unmet Needs in Indian Country," released July 18, discloses a comprehensive array of underfunded federal programs. "For example, the federal government's rate of spending on health care for Native Americans is 50 percent less than for prisoners or Medicaid recipients, and 60 percent less than is spent annually on health care for the average American," the report notes. "Underfunding violates the basic tenets of the trust relationship between the government and Native peoples and perpetuates a civil rights crisis in Indian Country," the report continues. American Indian Movement co-founder Clyde Bellecourt says, "This is nothing new to me. It's been that way for years." Mary Frances Berry, chairwoman of the civil rights commission, says the report enlightened commissioners. "We felt, based on what the staff told us and what we saw in Indian Country, that we would probably find significant disparities. They were much worse than anybody imagined." The report focused on federal appropriations for fiscal 1998-03 as well as 2004 requests. The agencies reviewed were the Department of the Interior and its Bureau of Indian Affairs, Department of Health and Human Services, Department of Housing and Urban Development, Department of Justice, Department of Education and Department of Agriculture. "So far, government officials do not deny the programs are inadequately funded. The data came from the agencies themselves," Berry said. Commissioner Elsie Meeks of Interior, an enrolled member of the Oglala Sioux Tribe, pushed for the report. She was appointed to the commission by President Clinton in 1999. Meeks was pleased with the report. "I know the commission does good work," she said. "This was a very thorough report and exceeded my expectations." Meeks plans to bring its findings directly to the attention of Sen. Tim Johnson and Sen. Minority Leader Tom Daschle, who nominated her for the commission post. Daschle is running for re-election next year. To this point, though, the report is just beginning to get on the radar of federal lawmakers. Berry believes it will be a good foundation document when the commission convenes a hearing on Indian health care issues similar to the hearing it held in Rapid City in 1999 on discrimination against Indians by law enforcement officers. The health care hearing will probably take place in October in the Southwest, although no date or location has yet been set. "We want to get some reaction to these numbers," Berry said of the report. Overall, the report found spending for federal programs targeted to Indians, adjusted for inflation, increased by 55 percent in the years of the study while overall federal spending rose 46.7 percent. However, while the rate of increase was greater for Indian programs than for general spending, the amount of money directed to Indians was so small as to comprise only 0.4 percent of total government spending in 1993. Even with the increase, that had climbed to only 0.5 percent in 2003 - "not a significant increase by federal budget standards," the report notes. Also, the Indian population has grown faster than the U.S. population as a whole, and its needs have badly outstripped the rate of increase in federal spending. While per-capita spending on Indians was just over $3,000 in 1995, compared to nearly $4,000 for the general population, by 2000, per-capita federal spending on Indians had nearly leveled off, but it had climbed to $4,500 for the general population. The result is, according to the report: * A life expectancy for Indians nearly six years less than any other population group. * A housing shortage in which 40 percent of reservation housing is considered inadequate, compared to 6 percent nationwide. * Per-capita spending on law enforcement that is only 60 percent of the national average, resulting in Indians being twice as likely as any other racial and ethnic group to be crime victims. * Indian students scoring lower than any other population group in basic levels of reading, math and history. * Less money for rural economic development and farm and business subsidies on reservations than elsewhere. * Indians being twice as likely at any given time to face hunger and food insecurity as the general population. Berry pointed out that "the disparities are much greater than in other kinds of programs targeted at specific groups. "My own view is it is the result of politics and the way Indians are viewed," she said. "The relationship with the federal government is determined and perceived by the political clout of a community. The perception is that Native Americans do not have political clout to force politicians to pay attention to their needs." Bellecourt would agree. "I hope something like this wakes up government officials and those in charge of appropriations," he said. "But unless we in leadership put up a fuss, have a Longest Walk or demonstrate, that's the only thing that opens eyes." Both Bellecourt and Berry pointed to a report finding that while federal spending on all Indians was inadequate, it falls especially short for Indians living off reservations, in urban areas. "Just because we're not on the reservation doesn't mean we lose our status as Indians," said Bellecourt, an enrolled member of northern Minnesota's Anishinabe Nation living in Minneapolis. "We do not become a non-Indian when we cross the line, yet we've allowed the BIA to operate that way for years." Meeks said the report "opens everyone's eyes a little more. "Basically, the commissioners realize Indian Country has dire needs," she said. "This gives them the specifics. I think it will give a lot of other groups specifics." Reach Peter Harriman at 575-3615. Copyright c. 2003 Argus Leader. All rights reserved --------- "RE: Pipeline Company wants Reservation Land Condemned" --------- Date: Sun, 3 Aug 2003 20:04:27 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FORT HALL" http://www.owlstar.com/dailyheadlines.htm http://www.spokesmanreview.com/~cat=section.Tribal_news Pipeline company wants reservation land condemned Associated Press July 30, 2003 BLACKFOOT, Idaho - A Utah company transporting natural gas through a pipeline across southeastern Idaho's Fort Hall Indian Reservation wants a federal judge to condemn the land crossed by the line. Northwest Pipeline, a Salt Lake City-based subsidiary of The Williams Companies Inc. in Oklahoma, turned to condemnation after attempts to resolve disputes over leasing the acreage failed. U.S. District Judge B. Lynn Winmill scheduled a hearing next week in Pocatello on the petition. The suit was initiated after Fort Hall Agency Superintendent Eric LaPointe declared in 1999 that the company was trespassing on the 10 miles of reservation land its pipeline crossed. He claimed the company added to the line without revising the existing right-of-way lease. LaPointe gave Northwest Pipeline 30 days to reach an agreement with landowners on a lease for the new easement conditions or remove the pipeline. Both the Bureau of Indian Affairs regional office in Portland and the Interior Department's Board of Indian Appeals in Washington, D.C., upheld LaPointe's determination over the next several years. That prompted Northwest Pipeline to pursue the condemnation petition in federal court. About 10 percent of the 75-foot-wide right-of-way is owned by the Shoshone-Bannock Tribes while about 200 individuals have ownership of the rest of the land. Bureau of Indian Affairs officials contend Northwest Pipeline has been trespassing since 1992 when it installed a 23-inch loop over the same right-of-way its main 22-inch pipeline covered. Copyright c. 2003, the Associated Press. All Rights Reserved. Copyright c. 2003, The Spokesman-Review. --------- "RE: Utility drops Plans for Coal Mine" --------- Date: Tue, 5 Aug 2003 08:13:17 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SACRED ZUNI LAKE" http://www.owlstar.com/dailyheadlines.htm http://www.santafenewmexican.com/main.asp~ArticleID=30910 Utility Drops Plans for Coal Mine By BEN NEARY | The New Mexican August 5, 2003 An Arizona utility company on Monday abandoned plans to develop a huge coal strip mine in western New Mexico. Salt River Project, a utility company that provides power to Phoenix, says its decision to abandon the proposed Fence Lake Mine is the result of securing cheaper, cleaner coal in Wyoming. But Salt River Project's decision also comes at a time when its New Mexico mine project - in the works since the 1980s - faces increasing opposition from Indian tribes and environmental groups. Most members of New Mexico's congressional delegation wrote to federal regulators this summer expressing concern that the mine project not be allowed to harm a salt lake near the mine that is sacred to Zuni Pueblo and other tribes. Whatever the utility's reasons for abandoning the mine project, Gov. Bill Richardson sees the decision as a positive development. "I think it's important to protect the Native American religious sites," he said. But others say the utility's decision to abandon the 18,000-acre mine project is grim economic news for New Mexico. The announcement is welcome news to the Zuni Pueblo, which has fought the mine for years. "It's a tremendous victory for all Indian tribes concerned with sacred sites issues," Zuni Councilman Dan Simplicio said Monday. "It's been a tremendous and costly battle, and I'm glad it's over." Gov. Bill Richardson said Monday that he sees Salt River Project's decision to abandon the project as a positive development. "I think it's important to protect the Native American religious sites," he said. But others say the utility's decision to abandon the 18,000-acre mine project is grim economic news for New Mexico. The project had promised to employ 175 miners - with an annual payroll of about $13 million - and pay hundreds of millions of dollars to the state in royalties and other payments, the company says. Pat Lyons, New Mexico commissioner of public lands, on Monday said the utility's decision will hurt rural New Mexico. His office administers the state permanent fund that holds royalty payments from mining projects on public lands and disburses money for education and other programs. "It's a big blow," Lyons said. "The economic impact on this over 30 years would bring in over one-half billion dollars, and it includes payroll and severance tax. It's just a shame something like this can happen." In a news release, Salt River Project said the company's board of directors voted Monday to negotiate the purchase of coal from the Powder River Basin in Wyoming for its coal-fired generating station in St. John's, Ariz. The company had planned to develop a rail line to carry coal from the New Mexico mine to the plant, just across the state line. Current coal prices make conditions favorable to the utility to purchase coal from Wyoming rather than operate its own mine, the company said. "The coal market is very competitive at this time," said David Areghini, the company's associate general manager of power, construction and engineering. "We believe SRP's customers will not only save money but that environmental and operations benefits will be realized by entering into a new coal contract now instead of opening Fence Lake." In a telephone interview Monday, Bob Barnard, Fence Lake Project manager for the utility in Phoenix, said Wyoming coal is cleaner than the coal from the New Mexico site. That will make it easier for the company to meet federal air-quality standards, he said. Barnard said he couldn't identify the entity with which the utility is negotiating for the Wyoming coal. Over the 40-year production life of Fence Lake Mine, Barnard said, royalties to the state of New Mexico were estimated to be roughly $100 million, and taxes and other costs paid to the state would amount to another $100 million. Asked how the decision to abandon the mine project would affect New Mexico, Barnard said, "That's outside my ability to predict. The effect on New Mexico will be that they won't have those jobs, that coal won't be developed and they won't have those revenues. What the effect will be will be best determined by the New Mexico legislators and governmental entities that deal with those things." Salt River Project primarily based its decision to abandon the mine project on cost and coal quality, Barnard said, but the recent letter from New Mexico's congressional delegation "didn't help to keep the mine open." Opposition from Zuni Pueblo and other tribes didn't help the project either. "Throughout this project, SRP has been very concerned with, and has made every effort to be sensitive to and accommodate the concerns of the tribes," Barnard said. "We've gone much further than others have. Their resistance didn't help to keep the mine open. But again, it was not the primary factor." The utility company intends to surrender its leases and permits back to state and federal regulators, Barnard said. The company intends to develop a plan for wrapping up its New Mexico operations, he said. Though Barnard said he had no precise figure for how much the company has invested in the Fence Lake Project, he said it's been several million dollars. David Cunningham, a Santa Fe lawyer, represented Zuni Pueblo in challenging Salt River Project's applications for state and federal mining permits. "This is a great victory for Zuni and the other tribes and pueblos who supported Zuni," Cunningham said Monday. "It is also a tribute to the teamwork of the various Zuni tribal councils and the numerous individuals at Zuni and the various individuals and lawyers who worked very hard to make this happen. It is a fair and just result." Lawyer Paul Bloom also represented Zuni Pueblo, concentrating on water issues, which presented the mining company with perhaps its greatest obstacles. When the federal government granted the company a mine permit last year, it specified that the company couldn't use any water from one aquifer in the region and specified that before using any water from the other major aquifer, the Atarque, it would have to show that pumping wouldn't hurt the salt lake. "It's gratifying to learn that the company has given up the attempt," Bloom said Monday. "Zuni has been absolutely convinced that pumping the Atarque Aquifer for the Fence Lake Mine would be a deadly threat to the Zuni Salt Lake." Simplicio, the Zuni Pueblo councilman, said the pueblo's efforts to stop the mine have raised cultural awareness of the Zuni people and surrounding tribes. "The awakening we had for the past two years was really strong," he said. "It awakened our powers of spiritual belief." Copyright c. 2003 The Santa Fe New Mexican, All Rights Reserved --------- "RE: Woman Fire Starter wants Civil Case dismissed" --------- Date: Tue, 5 Aug 2003 08:13:17 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CHEDISKI FIRE" http://www.owlstar.com/dailyheadlines.htm http://www.signonsandiego.com/20030804-1839-wst-firestarter-tribe.html Woman who started part of mammoth fire wants civil case dismissed By Jacques Billeaud ASSOCIATED PRESS August 4, 2003 PHOENIX - A woman who started part of the largest wildfire in Arizona history asked a tribal judge to dismiss a civil case filed by an American Indian tribe that suffered huge losses in the blaze. A lawyer for Valinda Jo Elliott said Monday that the White Mountain Apache Tribe can't pursue its civil complaint against her because it doesn't have jurisdiction over her. The law generally prohibits tribes from filing civil cases in tribal court against people who aren't Indians, said Kevin O'Grady, one of Elliott's lawyers. While there are a few exceptions to the rule, none apply to Elliott, who isn't an Indian, O'Grady said. David Osterfeld, an attorney for the tribe, didn't return phone calls Monday seeking comment. The tribe can't file criminal charges against Elliott but maintains it can bring a civil case against her in White Mountain Apache Tribal Court for starting a blaze that merged into last summer's Rodeo-Chediski fire. The fire burned 469,000 acres, destroyed 491 homes and forced the evacuation of 30,000 people in eastern Arizona. It also charred sacred Apache sites and accelerated the expected demise of the White Mountain Apaches' timber industry, which provides 60 percent of the tribe's income. Authorities say the Rodeo fire was started by part-time firefighter Leonard Gregg, a tribal member who faces trial on federal criminal charges. Elliott, who was lost on White Mountain Apache land for two days, started the Chediski half of the fire as she tried to get the attention of a television news helicopter. The helicopter rescued Elliott but the fire later grew out of control. Elliott, 32, wasn't criminally prosecuted for starting the fire because federal prosecutors said there was insufficient evidence of criminal intent on her part. The tribe alleges Elliott disobeyed an executive order banning nearly all people from certain areas of the reservation because of extreme fire danger. If she loses in tribal court, the tribe said Elliott could face up to $4, 500 in fines. She also could be fined for the cost of rehabilitation of the burned land, all expenses associated with the Chediski fire and for punitive damages, the tribe said. Copyright c. 2003 Union-Tribune Publishing Co./San Diego, CA. --------- "RE: Apache Timber Business escapes damage in 2nd Fire" --------- Date: Fri, 1 Aug 2003 13:20:01 -0400 From: moonotter Subj: White Mountain Apache Reservation timber business escapes heavy damage in second fire Mailing List: NA Advocate http://www.sfgate.com/~/archive/2003/07/31/state1923EDT7604.DTL Reservation timber business escapes heavy damage in second fire MICHELLE RUSHLO, Associated Press Writer Thursday, July 31, 2003 PHOENIX (AP) -- Relieved officials of the White Mountain Apache Tribe say a fast-moving wildfire in mid- July apparently did little damage to the valuable stands of ponderosa pine trees that make up the tribe's economic mainstay. "We were able to stop the fire before it got into the timber trees," said Fred von Bonin, presale supervisory forester with the Bureau of Indian Affairs. That's particularly important because the tribe is still recovering from a huge wildfire that badly wounded its timber industry last summer. Logging and milling provide 60 percent of the eastern Arizona tribe's income and have been its mainstay for decades. But last year, the Rodeo-Chediski fire blackened 270,000 acres on the Fort Apache Indian Reservation -- more than half of the 469,000 acres the fire would eventually damage. That left the tribe scrambling to salvage what it could. Then while the Fort Apache Timber Co. was running double shifts to process that wood, lightning started the new wildfire east of the Rodeo- Chediski burn area on July 13. The Kinishba fire spread quickly, eventually charring 24,700 acres and threatening to destroy more valuable trees. But because the fire started in juniper and pinon trees and summer rains helped douse the flames, firefighters were able to contain the blaze before it charred large sections of ponderosa pines near the tribal capital of Whiteriver. "It really didn't have a huge effect on the timber base," said von Bonin. Of the acreage burned by the Kinishba fire, only 3,500 acres are being considered for salvage logging operations, he said. If the tribe decides to run a salvage operation, it will probably only yield about 6 million board feet, von Bonin said. By comparison, 100 million board feet already have been harvested from the Rodeo-Chediski area, and operations are continuing. Next week, Mary Classay, Fort Apache Timber's manager, and forest officials from the BIA and the tribe plan to examine the potentially salvageable areas from the new fire. "It may not be worth our while," she said. Meanwhile, the tribe's two mills are still processing logs salvaged from the Rodeo-Chediski area, an operation that is quickly winding down as the wood deteriorates. The tribe had planned to continue salvage operations through October, but summer rains, which helped contain the Kinishba fire, have accelerated the growth of a fungus that makes the wood less valuable. Classay said the salvage efforts may end early because the market for the wood is poor. "It's very difficult at this time." Copyright c. 2003 Associated Press. All Rights Reserved. Copyright c. 2003 San Francisco Chronicle/Hearst Communications Inc. --------- "RE: Questions in crime-torn Browning" --------- Date: Mon, 4 Aug 2003 08:45:49 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MEETING" http://www.owlstar.com/dailyheadlines.htm http://www.greatfallstribune.com/news/stories/20030803/localnews/1366.html Federal law officials field barrage of questions in crime-torn Browning U.S. attorney defends system, but listens too By KAREN OGDEN Tribune Regional Editor BROWNING - Back in 1988, Marilyn St. Germaine offered to help the FBI bust a cocaine dealer in her hometown of Browning, on the Blackfeet Indian Reservation. But the agent told her that the operation wasn't big enough to warrant a full-fledged investigation, she says. Fifteen years later, St. Germaine is angry as she watches new drugs take an even worse toll on her people. Home on vacation from Alameda, Calif., she was among a large crowd gathered Tuesday for a rare, face-to-face meeting with federal prosecutors and an FBI director responsible for fighting crime on Montana's reservations. "Everyone knows how sad the problem is here," St. Germaine told the federal officials. "You came in and did some things, but it's still here." In a tour of Montana's seven reservations over the past two weeks, U.S. Attorney William "Bill" Mercer and his colleagues sat down with citizens for candid conversations about crime and punishment in Indian Country. In Browning, where law and order are a hot-button issue lately, the evening meeting stretched almost five hours. The Bureau of Indian Affairs forcefully took over the tribe's police force in February, citing mismanagement, poor training and political problems that jeopardized public safety. Fed-up tribal members like St. Germaine vented their frustration with stubborn crime problems on the reservation, namely drugs and sex crimes. "Our reservation is overrun by drugs, and we have ... people going to the emergency room every weekend overdosing," said Marlene Augare, office manager at the Glacier Reporter newspaper. But some of the most impassioned dialogue was on the thorny issue of jurisdiction: what the federal government has the power to do -- and what it can't do -- to enforce the law in Indian Country. Different rules The series of public meetings, which wrapped up on the Fort Peck Reservation Thursday, are a first, Mercer said. He urged participants to ask questions and let federal officials know if they have crime concerns that aren't being addressed. With him were Assistant U.S. Attorney Joe Thaggard, who prosecutes crime on the Blackfeet Reservation, and Scott Cruse, a supervisory senior agent with the FBI. Cruse of Helena oversees the FBI office on the Blackfeet Reservation. The federal government is responsible for investigating and prosecuting major crimes on Indian reservations such as homicide, child abuse, drugs, felony assault and fraud. That means Native Americans accused of a crime on a reservation face a different legal climate than other Montanans. Behind closed doors One of the key differences is the relative secrecy of the federal system at the outset of a case. For example, take a person accused of assault with a weapon in Great Falls. Charges may be filed within days of the crime, even as police continue their investigation. The charges are public record and might be reported in the newspaper the next day. If the same assault were committed on a reservation, the public may not learn of charges for six months. That's because the federal government's speedy trial law guarantees the suspect a trial and an acquittal or conviction within 70 days of being formally charged. The deadline forces investigators to have all of their ducks in a row before they press charges. And before the charges are final, prosecutors must make their case in a secret proceeding before a grand jury of 22 people. As a result, Mercer often is questioned about why a suspected drug dealer, embezzler or other crime suspect appears to be walking free on the reservation with no consequences. 'We're in the game' The secrecy of the grand jury system got a black eye during the Clinton Whitewater scandal, Mercer said. But he defended the federal system at Tuesday's meeting. "You could have a system in which an attorney drew up charges without 22 independent thinkers to consider the elements of the crime and whether there are factors to support the allegations of the crime committed," he said. Once the individual is indicted by the grand jury, the charges against them are made public. Juvenile cases, however, are permanently sealed -- another circumstance that generates doubt about whether the federal government is doing its job. "To the extent that you don't think we're in the game on juvenile crime, I guarantee you that we are," Mercer said. "We just can't tell you about it." Montana prosecutions high He urged people at Tuesday's meeting to help dispel misconceptions and explain the system to others. Overall, Montana has the third- or fourth-highest number of all crime convictions in Indian Country nationwide, according to Mercer. He said his office has beefed up its crime-fighting staff from 11 lawyers when he arrived in 1994 to 21 lawyers today. Ten years ago only three prosecutors worked on Montana's seven reservations -- none of them full time, Mercer said. Today the state has five federal prosecutors dedicated entirely to reservation cases. "I think we are at a point where we have the right number (of staff) to handle the priorities of the Department of Justice in Indian Country for the first time since I've been in the office," Mercer said. He encouraged Native Americans to apply for jobs in his office. Drug problem stubborn But Mercer acknowledged that prosecutions haven't curbed the drug problem on reservations. "We don't seem to have successfully eliminated it or even reduced it," he said. Not all the responsibility lies at the federal level, he added. Though FBI agents investigate many cases, tribal police need to provide prosecutors with crime reports they can pursue. The Fort Peck Reservation, 350 miles west, is touted nationally as a model of cooperation between police and federal prosecutors. "Let me be candid with you," Mercer told Tuesday's crowd. "The law enforcement in Fort Peck is much more effective than the law enforcement here." That's largely because of cooperative efforts and agreements between the tribe and local sheriff's departments, city police, the FBI and the Bureau of Indian Affairs. Blackfeet Tribal Councilman Gordon Monroe, one of three council members present Tuesday, held up a cooperative agreement in the works with the Glacier County Sheriff's Department. "It's so easy to work in a cooperative effort, and that's what the tribe is striving for at this time is what's best for our people," Monroe said. Who's responsible? But for now, jurisdictional tangles still reign. One of the biggest shortcomings is confusion over who has authority to question and detain non-Indians who commit misdemeanors on the reservation. A non-Indian who kills someone on the reservation is tried under the federal system. But the tribal police can't detain a non-Indian who steals from a local store or commits a misdemeanor assault. Nor does the tribal court have authority to prosecute them. Glacier County Sheriff Gary Racine, one of numerous law enforcement officials at Tuesday's meeting, said he's often called to deal with such cases. But he said he's also unclear about what authority he has to intervene. "If I had a piece of paper that said we're going to do 'this, this and that,' it would make my job a lot easier," he said. Non-Indians get away Blackfeet Tribal Prosecutor Wendy Running Crane stood and told Mercer about how a New Jersey man assaulted her brother at her family's restaurant in Babb. While she tried to find and convince a law enforcement agency to respond, the man disappeared, she said. "It's sad when someone can come in here and beat up on one of our members and walk out of here and nothing happens," said Monroe, the tribal councilman. Racine suggested that the federal government appoint a magistrate to the Blackfeet Reservation who could deal with non-Indian offenders. The Fort Peck Reservation has a magistrate who works part time. Have reports, will prosecute But Mercer said Great Falls already has a magistrate who can handle such cases. Distance is the difference, he said. The Blackfeet Reservation is a roughly two-and-a-half-hour drive from Great Falls while the Fort Peck Reservation is a five-hour journey. He called the issue of arrests a "red herring." If tribal police obtain a nonmember's identification and document the circumstances of the crime, federal prosecutors will pursue it -- even if the perpetrator leaves the reservation. "We can get him," Mercer told Running Crane. He urged the Bureau of Indian Affairs police, tribal police and the Glacier County Sheriff's Office to get together and develop a plan for writing up reports on non-Indian offenders that can be forwarded to his office. They expressed interest in the idea. Fraud a top priority But Running Crane was skeptical that the U.S. Attorney's Office has the resources to take on such misdemeanor crimes. "In reality it's going to be always lowest on your list of priorities," she said. Among other things Tuesday, Mercer outlined what his office's priorities are. Terrorism, gun crime, drugs and violent crime are at the top of the list, he said. Fraud and theft from tribal governments or organizations are another focus on reservations, he said. "Those are resources that will not be available for tribal programs and the things they were intended to address," he said. Participants asked about news reports about a federal grand jury subpoena served on the tribe for information on its workers' compensation program. Tribal officials have confirmed the subpoena. Mercer declined to answer specific questions on the issue but emphasized that a grand jury subpoena does not imply guilt. Too much trauma After the meeting wound down at 10 p.m., participants said the session was productive. "It answered a lot of questions about the problems we've been having here," said Tribal Councilman William "Allen" Talks About. Clifford Tailfeathers was the other councilman present. But for St. Germaine and other concerned residents, satisfaction will come only when drugs and violence make a permanent retreat. "It's very sad to see what's happening to my people here," St. Germaine said. "There's many deaths, much trauma in my community." Copyright c. 2003 Great Falls Tribune. All rights reserved. --------- "RE: American Indians' Health Problems Serious" --------- Date: Fri, 01 Aug 2003 17:51:56 -0700 From: "Chris Milda (_Akimel O`odham_)" Subj: American Indians' health problems serious (Fwd) - - - - - - -- - - - - - - Date: Friday, August 1, 2003 http://www.tucsoncitizen.com/~story_id=080103a14_indianhealth American Indians' health problems serious Poverty blamed for the disparities with white America. Gannett News Service Friday, August 1, 2003 American Indians and Alaska Natives continue to suffer sky-high rates of disease and early death from injuries, diabetes and respiratory infections, federal health officials reported yesterday. W. Craig Vanderwagen, acting chief medical officer for the federal Indian Health Service, says poverty and its associated problems, including alcoholism and little access to medical care, contribute to the lingering health disparities between white America and the native peoples of the United States. American Indians suffer a poverty rate of 26 percent, twice the national rate. "We're seeing the increasing impact of behaviors that affect health," Vanderwagen says. He cited increasing obesity, high alcoholism levels, the rise of youth gangs and the loss of cultural identity among young people. Improvements in sanitation, the control of infectious diseases such as tuberculosis, and the lowering of infant and maternal mortality rates have extended the life span of American Indians from 51 years in 1940 to 71 in 1995, Vanderwagen says. But solving those problems has exposed other health issues that may be tougher to tackle. Among them: Injuries cause 75 percent of all deaths among American Indians age 19 and younger. Deaths from car crashes, pedestrian accidents, fire and drowning decreased over the last decade, according to the national Centers for Disease Control and Prevention, but the overall death rate from preventable injuries remains nearly twice as high for native people as it is in the general population. Diabetes rates have been rising among all groups, but the disease is more than twice as common among American Indians as among adults in the whole population. Bronchial infections sent American Indian children to hospitals and doctor's offices twice as often as children in the overall population. For instance, doctor visits for bronchial infections among American Indian children under age 5 during 1999-2000 averaged 109 per 1,000, compared with 42.2 in the overall population. Possible reasons include household crowding, lack of adequate ventilation, smoke exposure and lack of breast- feeding. Cancer deaths are lower among American Indians than other racial or ethnic groups, but in some areas, notably the Northern Plains and Alaska, deaths due to lung and colon cancer were higher than in the general population. Copyright c. 2003 Tucson Citizen, All rights reserved. --------- "RE: State and Indian Officials discuss Health Issues" --------- Date: Wed, 30 Jul 2003 08:45:33 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HEALTH MEETING" http://www.krqe.com/pueblos-tribes/~BigLocal%5D=1050 State and Indian Officials Discuss Health Issues Santa Fe Source: AP State and tribal health officials are meeting today in Santa Fe for the first time to talk about how they can an work together to better serve Indian health needs. State Health Secretary Patricia Montoya and Indian Affairs Secretary Bernie Teba spoke to about 50 people during the one-day seminar. It's being sponsored by the New Mexico Indian Nurses Association and the state Health Department. Montoya says that in the past Indian health issues have been considered a federal responsibility. That's still true, but because health issues have no boundaries, she says the state wants to form relationships with the tribes to better address health concerns. Montoya says there's still a long way to go in improving the health status of all New Mexicans. Topics at today's meeting ranged from teen pregnancy to cancer and aids. Copyright c. 2003 KRQE News 13 - Emmis Communications. --------- "RE: Native Americans' High Diabetes Rate" --------- Date: Sun, 3 Aug 2003 20:04:27 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="DIABETES" http://www.owlstar.com/dailyheadlines.htm http://story.news.yahoo.com/~/20030731/hl_nm/health_natives_dc U.S. Worried by Native Americans' High Diabetes Rate July 31, 3:05 PM ET By Paul Simao ATLANTA (Reuters) - Diabetes has reached near epidemic levels among Native American adults, and the number of preventable injury-related deaths remains disproportionately high for youth on reservations, the federal government reported on Thursday. Dr. Craig Vanderwagen, chief medical officer for the Indian Health Service, said the erosion of native culture and family support systems might be helping to fuel these worrying health trends in American Indian and Alaska Native communities. "This (fragmentation) is reflected in behaviors that really influence people's health, both very immediately in the case of youth who are involved in accidents and suicide, and in the longer haul for adults who have eating behaviors that affect their health adversely," Vanderwagen said. A total of 6.6 million people classified themselves in some way as American Indians or Alaska Natives in the 2000 U.S. Census. Although diabetes has risen throughout the United States during the past decade, the new data from the Centers for Disease Control and Prevention (news - web sites) showed that natives still suffered the disease at a rate more than double other adults. The CDC, which devoted the bulk of its weekly morbidity and mortality report on Thursday to health disparities among American natives, also noted that poverty tended to be higher in these communities. An estimated 15.3 percent of American native adults had been diagnosed with the disease in 2002, according to the CDC. Approximately one-third of natives 55 years and older had the disease last year. Diabetes, which is one of the leading causes of disability and death in the nation, can lead to blindness, kidney failure, amputation of lower limbs and heart disease. A separate study published on Thursday revealed that there were 3,314 deaths due to injuries and violence among natives 19 years old and younger who lived in areas governed by the Indian Health Service between 1989 and 1998. That was about twice the rate for the same age group in the U.S. population, according to the CDC. Car accidents, suicide and murder were the leading causes of death among young natives. Copyright c. 2003 Reuters Limited. All rights reserved. Copyright c. 2003 Yahoo! Inc. All rights reserved. --------- "RE: Makahs make Beach Trail Official" --------- Date: Mon, 4 Aug 2003 08:45:49 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MAKAH RESERVATION" http://www.owlstar.com/dailyheadlines.htm http://seattletimes.nwsource.com/html/localnews/2001374239_shishi04m.html A new path to a piece of paradise: Makahs make beach trail official By Emily Heffter Seattle Times staff reporter Monday, August 04, 2003 MAKAH RESERVATION - A mile down the muddy trail from Washington's secluded and unsullied Shi Shi Beach, Gloria and Vinnie Vanwyen's cellphone was ringing. Grinning and flushed, with a feather tucked into her hair and mud caked on her sneakers, Gloria Vanwyen exuberantly told the caller: "You'll never guess what we're doing right now." The Vanwyens of Tucson, Ariz., are new visitors to one of the Washington coast's most scenic beaches, long the subject of backpackers' lore and word-of-mouth directions. People have trespassed to Shi Shi via an unofficial trail for decades, paying local homeowners a few bucks for a parking spot on their front lawns or in their driveways. The Makah Tribe is opening a new trail this month that will make the beach far more accessible - too accessible, say some hikers who like the beach's solitude. The signs aren't finished and the trail is still officially closed, but hikers already can leave their cars in a gravel lot by the trailhead. And instead of trespassing along an old logging road and an unmarked trail, visitors can traipse easily along a flat, cedar-planked walkway. The three-mile trail was a long-anticipated project of the Makah, who some tribal officials estimate have been working on it since the 1970s. It winds around private property owned by tribal members who wouldn't grant easements for the trail. Before now, the only alternative to the illegal route was from the south through national parkland. That two-day, 11-mile hike involves rope ladders, fording a river and following a tide chart to make it over headlands without getting stranded. The tribe hopes its new trail - now a leisurely day hike - will bring more tourists to its far-removed piece of waterfront on the northwestern tip of the Olympic Peninsula. Tourism could bring more money and jobs to the isolated and cash-strapped tribe. The trail goes along with a revitalization plan for downtown Neah Bay, which has only a few worn-looking motels and three small restaurants - mostly catering to seasonal sport fishermen. Area tribes gave the Makah their name because of their reputation as great hosts; Makah translates to "generous with food." That reputation isn't so well-deserved now, tribal leaders admit, in part because of a water shortage that has forced them to halt all growth on the reservation. Tourists come to go fishing and to hike along the half-mile Cape Flattery trail to the state's most northwestern point, but they often spend only a day because of the lack of facilities to accommodate them in town. "We're trying to do everything we can, I wouldn't say catering to the people, but trying to meet their needs," said Makah Tribal Chairman Nathan Tyler. Making a legal route to Shi Shi Beach was an obvious step, he said. The Travel Channel recently declared Shi Shi to be one of America's top- 10 beaches. The two-mile swoop of sand meets steep, vegetation-covered cliffs at its back, adding to the beach's sense of isolation. Waves crash against headlands, and, besides the sea life in tide pools, visitors sometimes see seals and whales from shore. Most of the beach is part of Olympic National Park, but it sits between two of the Makah's five traditional village sites. The tribe probably used it for bathing and prayer, tribal historians say. "It's a special and important place," said Janine Bowechop, executive director of the Makah Cultural and Research Center. Part of the reason for the trail is just to share "a piece of the paradise that we have out here," said Alice Langebartel, realty coordinator for the tribe. That thrills visitors such as the Tucson couple with the cellphone, who learned about the trail on TV and planned their trip on the Internet. But it upsets some who liked the trail better when it was a secret. "I was very disappointed," said Robin Leonard of the Olympic Peninsula, who first visited the beach in 1979. "Hardly anybody knew about it ... and then they started running articles in newspapers," he said, adding: "It's not bad for the Makahs because it brings the tourists out here." Del Davis of Seattle has brought his 7-year-old son, Jack, to the beach for the past three years for a weeklong camping trip. The two of them set up camp under a rocky outcropping and spend their days hiking down the beach and exploring. But this year, they spent half a day cleaning up after hikers before them. The aluminum cans that littered their portion of the beach weren't the only ones. Clothes, food wrappers and other debris were evidence that the beach has been fairly heavily visited this year. But Davis said the new portion of trail made it an easier hike. The tribe spent about $215,000 in grant money on the first mile of trial, which is part cedar-lined gravel trails and part cedar-plank walkway. The final one- or two-mile portion is the same as it always has been - flat but muddy, even on dry days. The state Department of Natural Resources awarded the tribe a $167,000 grant for the trail in 1997. Later, the tribe got a $50,000 grant from the U.S. Forest Service. The tribe doesn't plan to improve the rest of the trail anytime soon. It plans a grand-opening ceremony sometime this month, and after that intends to add overflow parking to the small gravel parking lot that is already built. "I think the people are going to come no matter what," Tyler said. "There's no better place to come than here, because you've got everything here." Emily Heffter: 206-464-2420 or eheffter@seattletimes.com Copyright c. 2003 The Seattle Times Company. --------- "RE: Totem Pole being refurbished" --------- Date: Wed, 30 Jul 2003 08:45:33 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TLINGIT TOTEM POLE" http://www.owlstar.com/dailyheadlines.htm http://www.adn.com/alaska_ap/story/3545146p-3576205c.html Totem pole being refurbished for new installation The Associated Press JUNEAU (July 29, 4:05 p.m. ADT) - A 40-foot Auk Tribe totem pole that used to stand outside Centennial Hall in Juneau is being refurbished for its installation in the new atrium at Juneau-Douglas High School. Tlingit master carver Nathan Jackson and his wife, Dorica, are in Juneau this week. They have traveled from Ketchikan to repaint the pole they carved out of Western red cedar in 1981, and replace some pieces of the wood that had rotted. The restoration cost is being funded with $15,000 in donations. The donations come from the Downtown Juneau Rotary Club and by Juneau residents Mary Ellen Arvold and Dave Hass in memory of their daughter Elizabeth. Dorica Jackson said she and her husband have carved and painted more than 50 totems. They were at work Monday morning amid power tools and building supplies in the atrium, which has not been completed. "I'm only repairing the one part that has already rotted out," Nathan Jackson said, as he removed two of the pole-top raven's claws and smoothed the wood down with an adz. He began shaping a piece of yellow cedar to replace the claws. "In this particular case, the wood wasn't really all that great. It's going to be inside anyway, so the section I'm adding is not going to weather anymore," he said. Dorica Jackson applied new paint to the dog salmon further down the pole. The pole was commissioned by the Juneau Centennial Committee in 1981. The Jacksons cleaned and repainted it in 2000. During that visit, Nathan noticed pockets of rot from a previous insect infestation and poor wood condition. He recommended the pole be moved inside. The pole tells the story of the Yaxtetaan people who are of the raven moiety, or tribal subdivision, and come from the Dipper house, according to Jane Lindsey at the Juneau-Douglas City Museum. The top figure on the pole is a raven, and below that are a few circles etched around the wood's circumference. Under that is a frog-like creature, according to Nathan Jackson, with a crown of stars representing the Big Dipper. Below the frog are a dog salmon, a weasel and the Lucky Lady, from the legend of the Aak'w people. Copyright c. 2003 The Anchorage Daily News. --------- "RE: Indians from U.S., Mexico Tribes in Sacred Run" --------- Date: Fri, 01 Aug 2003 17:51:56 -0700 From: "Chris Milda (_Akimel O`odham_)" Subj: Indians from U.S., Mexico tribes in Sacred Run (Fwd) - - - - - - -- - - - - - - Date: Friday, August 1, 2003 http://www.tucsoncitizen.com/index.php?page=local&story_id=080103e1_sacred_run Indians from U.S., Mexico tribes in Sacred Run Started as a protest of the telescopes on Mount Graham, the annual event honors the sacred site. GABRIELA RICO Tucson Citizen TRICIA McINROY/Tucson Citizen Friday, August 1, 2003 As more than 100 runners prepared to leave the viillage of New Pascua yesterday and head for Mount Graham, a group of Yaqui elders made one request. They wanted to walk with the runners to the edge of their tribal land. "Walk with them to the edge of the reservation, and once there, they will say, 'Go,' and then wait for you at the end," David Ramirez, vice chairman of the Pascua Yaqui tribe, told the runners. As hosts of the 10th annual Mount Graham run, the nation's elders wanted a way to participate, explained Ramirez, who is also head of the council of elders. The annual run began at dawn yesterday and included participants from several American Indian tribes throughout the country and members of Yaqui communities in Sonora, Mexico. The relay run, which included two to four runners at a time, was started to protest the construction of telescopes atop Mount Graham. It has continued as a way to honor the sacred site. "We're fighting for our sacred homeland that (ancestors) once used and that we want to use still," said Alicia Nosie, 15, an Apache runner. "It's a holy place for us to get our medicines and our blessings when we pray on the mountain." Agustin Cuncha, a member of the San Carlos Apache tribe, was pleased with all the supporters. "Everybody's happy, everybody's anxious," he said. "It's a great privilege." John Mendez of the National Council of Churches said his group participated in the run to show support. "We are convinced that in time you will win," he told the crowd. "This run, this struggle is right and is just." Even Italian citizen Giovanni Panza showed up to lend support. He said a group of citizens in Italy is making a similar run through mountains to protest the Vatican's participation in the telescope project. "The Italian people are with you," Panza said. First-time runner Valentin Gonzales, 21, made the trip from Rio Yaqui in Rahum, Son. "I want to support the indigenous people," he said. Running for the third time, Julio Pacheco, 32, from El Valle, Son., said the experiences left him "tired and pleased." A traditional Yaqui blessing was conducted before the run, and more blessings were bestowed at the three Yaqui villages in Tucson before the runners left town. The runners' goal was to reach Aravaipa Canyon before sundown to camp out. Today the group will resume the run and end up at the Treasure Park Campsite on Mount Graham for the evening. Tomorrow morning, the participants will have a closing ceremony and group blessing. Copyright c. 2003 Tucson Citizen, All rights reserved. --------- "RE: Salmon Ruin Reunion" --------- Date: Sun, 3 Aug 2003 20:04:27 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SALMON RUIN" http://www.owlstar.com/dailyheadlines.htm http://www.daily-times.com/cgi-bin/artman/exec/view.cgi?archive=46&num=1099 Salmon Ruin reunion By Carol Cohea/The Daily Times Aug 1, 2003, 10:14 BLOOMFIELD - The third Salmon Ruins/Rio Puerco Project Reunion, which begins today, has all the earmarks of a nostalgic trip back to the days when the archaeologists were young and they were eager to unlock the secrets of the past. Anyone who was involved in any capacity of either the Salmon Ruins Project or the sister project going on at the same time, the lesser-known Rio Puerco Project, or helped to establish the Salmon Ruins Museum facility or volunteered at any time over the years is invited to attend the three-day reunion, said Larry Baker, executive director of the Salmon Ruins. "These people can see what we did in the past, what we're doing today and what we'll do in the future," he said. The fee of $30 a person, $50 a couple or $10 for children six to 12 years allows attendance at events. Even the luncheon today at 11:30 a.m. hearkens back to the days of vittles at remote field camps when cooks turned out meals for a crew of more than 50. There was no electricity, no running water and refrigerators were run by propane. Dog meat was the nickname for the low-grade bologna used for sandwiches and yellow food referred to the blocks of processed cheese. "It literally said on the package `yellow food,'" Baker recalled. Spaghetti soup was a tribute to the creativity of one cook. "You knew if you had spaghetti on Thursday night, you'd have spaghetti soup on Friday for lunch," Baker said. The Saturday barbecue is part of the Salmon Project tradition. At the end of the season, the crew and residents of Bloomfield, Aztec and Farmington gathered for a barbecue. Then-San Juan County Sheriff Dan Sullivan hosted the barbecue, overseeing the cooking of the beef in a pit for three days. One of the highlights of the reunion is expected to be the ceremony celebrating the life of Eastern New Mexico University professor Cynthia Irwin-Williams, the nationally recognized and respected archaeologist who was in charge of the twin projects. "Both were started in 1970. The field season schedule was first the Puerco Project then a move to the Salmon Project. We didn't get paid. The people here in the area fed us and billeted us," Baker said. "After school was out at ENMU in May, work would begin on the Puerco. Seven weeks later, the staff, camp and crew moved to Salmon in mid-August," he said. Hundreds of people worked on the projects, Baker said. "It was truly an international crew from France, Sweden and Mexico because Irwin-Williams was an international scholar. She drew students from all across the world," he said. He has received responses to the reunion from across the world. Another high point of the reunion is the Archaeological Society of New Mexico Special Publication of "Prehistory of the Middle Rio Puerco Valley, Sandoval County, New Mexico," edited by Baker and Stephen R. Durand. It was released in May. Contributors include Baker, Linda C. Brett, Durand, Winston B. Hurst, Irwin-Williams and Fred L. Nials. It brings to life the prehistoric people and culture of the middle Rio Puerco valley, including the geology, settlement pattern, ceramics and ceramic tradition, lithic industries and resources and social interaction. Irwin-Williams' long-range goal was to take what was learned of the adaptive strategy of the prehistoric farmer and set that as a controlled comparison to the historic Spanish farmers in the area, Baker said. "She would take those data sets and develop simulation models of adaptive agriculture approaches in the same semi-arid environment. By understanding how people adapted to changes in environmental deterioration we can help people today adapt their agricultural practices with regard to advancing deserts in third world countries. It's a perfect example of how archaeology can help us today," he said. "We want to get it out to folks and make it available to the general public," he said. The writing of the manuscript is a story in itself. When Irwin-Williams, 54, died unexpectedly in June 1990 of heart and pulmonary failure, she left not only a void in the lives of her colleagues, but the unfinished, final phase of the manuscript on the prehistory of the Rio Puerco valley. "It was a tragedy for me. She was a friend, colleague and mentor," Baker said. "Several days prior to her death, Cynthia and I discussed the project, respective requirements for manuscript completion and how authors might participate given the constraints of scheduling and distances," he said. She was to write Chapter 10, discussing the data presented in relation to the theoretical model. At her memorial services, Baker made a promise that there would be a Puerco publication, but it was now up to him to administer the project, edit the manuscript and write Chapter 10. The task proved grueling and emotionally difficult. "I felt intimidated. Who was I to speak for the prestigious and internationally recognized Cynthia Irwin-Williams? I was just some student who she had seen as a good field excavator, essentially someone with good archaeology technique," he said. He also had to deal with the conflict that over the years, the understanding of the Puerco had changed and he didn't necessarily agree with the earlier theoretical model. "It took me over a year to write the 10 pages. I fulfilled the promise it would be published; but, I can't underscore enough that I couldn't have done it without Stephen's involvement and cooperation," he said. Information: (505) 632-2013. Schedule of Events Today 11:30 a.m.-1:30 p.m. - Get acquainted luncheon; 1:30 p.m.-3:30 p.m. - Reunion mixer under the ramada; 3:30 p.m. -5 p.m. - Tour Salmon Ruins Museum and gain insights on the Salmon Curation Project/Save America's Treasures Grants; Saturday 9 a.m.-10:30 a.m. - Memorial remembrance for Cynthia Irwin-Williams on the Salmon Ruin; 10:30 a.m.-Noon - Tour of Salmon Ruin led by Larry Baker; Noon-1:30 p.m. - Lunch under the ramada; 1:30 p.m.-5:30 p.m. - Visit Pierre's Ruins and Twin Angles Pueblo along the Great North Road; 5:30 p.m.-7 p.m. - Barbecue dinner at Salmon Ruins; 7 p.m.-Conclusion - Slides of those days featuring the crews, the parties, the archaeology; Sunday 9:30 a.m.-11:30 a.m. - Travel to the Middle Rio Puerco valley; 11:30 a.m.-1:30 p.m. - Picnic luncheon at Guadalupe Ruin; 1:30 p.m.-3:30 p.m. - Reminisce about Puerco, talk about new Puerco research by Eastern New Mexico University; 3:30 p.m. - Conclusion, close the project. Copyright c. 2003 Farmington Daily Times, a Gannett Co., Inc. newspaper. --------- "RE: Pressure Building to Settle Indian Lawsuit" --------- Date: Thu, 31 Jul 2003 08:13:57 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TRUST SUIT" http://www.owlstar.com/dailyheadlines.htm http://www.news-journal.com/~/Washington/AP.V6213.AP-Indian-Money.html Pressure Building to Settle Indian Lawsuit By ROBERT GEHRKE Associated Press Writer July 31, 2003 WASHINGTON (AP) - Pressure is building to settle a 7-year-old court battle between the Interior Department and American Indians who allege the government squandered proceeds from their land. "There are actually people dying waiting for their money, so we have to start moving this thing and start cutting checks," Sen. Ben Nighthorse Campbell, R-Colo., chairman of the Senate Indian Affairs Committee, said after a hearing Wednesday to explore the issue. The lawsuit stems from the Interior Department's management of oil, gas, timber and grazing royalties from Indian lands over the last century. A group of Indians sued in 1996, claiming the department misappropriated and mismanaged billions of dollars owed to the Indian landowners. U.S. District Judge Royce Lamberth said the Interior Department had breached its trust responsibility and ordered the government to account for what should have been paid to the Indians. But in more than three years since Lamberth's ruling, little progress has been made and Lamberth is considering whether the department can meet the task. In the meantime, the lawsuit has diverted money and attention from social services for Indians, said John Berrey, chairman of the Quapaw Tribe. "The people who are really suffering from this case are the very people this case is about. My people are suffering," he said. Donald Gray, an attorney who helps rehabilitate mismanaged trusts, said the problem is that the Interior Department doesn't have the expertise to solve the problem, but both the department and Indian tribes have resisted allowing experts in the field to do the work. "We have a patient who is dying on the table," he said. "The cures are scattered around the operating room ... but nobody will let the doctor in." Gray said the Senate should appoint a team of trust experts, forensic accountants and Indian law experts who can make sense of the data available and act as mediators for the Indian claims. John Echohawk, the executive director of the Native American Rights Fund, which is representing the Indian plaintiffs, said that even though settlement talks have proven fruitless five times, the plaintiffs remain open to the prospect of a mediated settlement. He said any mediator would have to have political clout and stature to be beyond reproach and be able to keep negotiations on track. Gray suggested William Cohen, President Clinton's defense secretary and a former Republican senator who was chairman of the Indian Affairs Committee. Campbell said Cohen would be ideal. The Interior Department has said it will take five years and cost $335 million to account for all the Indian payments. Associate Deputy Secretary James Cason told the committee that, based on limited studies, the department suspects the accounts are off by a few million dollars at the most. The attorneys for the plaintiffs say $176 billion should have been paid to the Indians, and estimate that their clients could be owed tens of billions of dollars. "Our ballpark is in the low millions, based on what we know, and the plaintiffs' ballpark is $176 billion," Cason said. "It doesn't seem like we're in the same realm to begin negotiations." Copyright c. 2003 The Associated Press. Copyright c. 2003 Longview News-Journal/Cox Newspapers, Inc. --------- "RE: Indian Trust Fund Case taking Toll" --------- Date: Sun, 3 Aug 2003 20:04:27 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="DoI" http://www.owlstar.com/dailyheadlines.htm http://www.newsok.com/cgi-bin/show_article?ID=1056004&TP=getarticle Washington Week: Indian trust fund case taking toll, expert says 2003-08-03 By Chris Casteel The Oklahoman WASHINGTON - A recurring theme in discussions about the class-action lawsuit regarding Indian trust funds is the toll it's taking on workers at the U.S. Interior Department, the main defendant in the case. At a hearing before the Senate Indian Affairs Committee last week, Donald T. Gray, a trust expert at Nixon Peabody in San Francisco, specifically mentioned the resignation of Neal McCaleb, an Oklahoman who had served as the assistant secretary for Indian affairs. "The day that Neal McCaleb resigned was one of the saddest days for me in the last four years" of following the controversy, Gray said, adding that good people were getting "savaged." McCaleb, a former transportation secretary in Oklahoma, took over the Bureau of Indian Affairs in 2001 but announced his resignation late last year, citing the trust case as the primary reason. In September 2002, McCaleb and Interior Secretary Gale Norton were held in contempt of court by U.S. District Judge Royce C. Lamberth, who accused the two of not complying with his orders in the case. The federal court of appeals overturned those contempt citations last month, saying the judge never identified any specific act whatsoever by McCaleb, who lives in Edmond. Gray said McCaleb is a man of "impeccable honesty and integrity" who would have helped Indians if given a chance. The 1996 case concerns the government mismanagement of funds held in trust for individual Indians and is now focused on how hundreds of thousands of accounts can be reconciled with some degree of accuracy. Copyright c. 2003, Produced by NewsOK/OKNEWS 9/The Oklahoman. --------- "RE: Menominee Tribal Firefighters join Montana Battle" --------- Date: Thu, 31 Jul 2003 08:13:57 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FIREFIGHTERS" http://www.owlstar.com/dailyheadlines.htm http://www.wbay.com/Global/story.asp?S=1382275&nav=51s6HCM9 Menominee Tribal Firefighters Join Montana's Wildfire Battle By Mick Trevey Keshena - July 31, 2003 It's hot, dry and windy in Montana-- and that's not helping firefighters trying control a big blaze burning on the west side of Glacier National Park. The fire has burned more than 14,000 acres inside and outside the park. It has come within one and a-half miles of the western entrance at West Glacier. The town is mostly empty, except for emergency workers and a few dozen people who ignored an evacuation order Monday. Fire specialists are expecting wind gusts of up to 22 miles per hour. High winds can throw embers more than a half-mile and spark new spot fires. One local fire department is pitching in to help. Crews from the Menominee Tribal Enterprises Fire Department will be hard at work on that wildfire. Nine men and three fire engines left the reservation Monday afternoon and headed to Billings, Montana, where they will be dispatched to the wildfires. It's a daunting task and Montana fire crews need backup. That's where Wisconsin firefighters get involved. It's tough work but something the firefighters are looking forward to. "They need the firefighters themselves. They need as many people as possible to get the job done out west," Tony Waupochick, a Menominee Tribal Enterprises firefighter, said. Waupochick has fought fires out west before. In the next few days, he'll be put on a list of standby firefighters ready to go. He expects to be called up. "For me, it's a vacation, it's an adventure. It's some place else to go seeing the sights, seeing other parts of the country." And for the Menominee fire department, it's a way to keep skills sharp. "It's an opportunity to get good training, and individuals are able to bring training back to the reservation to benefit any firefighting efforts that occur here," Mike Schuessler of the Department of Natural Resources said. The firefighters say there is also a sense of pride in going west to fight wildfires, knowing they have done something for their country. Copyright c. 2003 WBAY/Green Bay, WI. The Associated Press contributed to this story. --------- "RE: Coeur d'Alene Water Quality" --------- Date: Mon, 4 Aug 2003 08:45:49 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="EPA/COEUR d'ALENE" http://www.owlstar.com/dailyheadlines.htm http://www.spokesmanreview.com/~Tribal_news Tribe asks EPA to treat it as a state Coeur d'Alenes looking for greater role in decisions about quality of their water Susan Drumheller Staff Writer August 2, 2003 Coeur d'Alene -The Coeur d'Alene Tribe wants control over the quality of its water, but some Benewah County residents fear that would water down their rights as citizens. The tribe has applied to the Environmental Protection Agency for "treatment in the same manner as a state" under the Federal Clean Water Act. The change wouldn't necessarily bring about noticeable differences in water regulation, but would give the tribe a central role in decisions. "It's important because it allows the tribe to protect water quality on the reservation, at least with respect to the lower third of the lake and the St. Joe River," said Eric Van Orden, attorney for the tribe. The last time the tribe made this request, its lawsuit for ownership of the southern third of Lake Coeur d'Alene was wending its way to the U.S. Supreme Court. The state of Idaho and individuals objected to the application, in part because the ownership issue was unresolved, and the matter was put on hold. "We got a number of comments from the public who said they didn't think the tribe should have that authority," said Rich McAllister, an attorney with the EPA's Region 10 office. Now that the Supreme Court ruled in favor of the tribe, the Coeur d'Alenes are again requesting regulatory control over water quality within reservation boundaries. If approved, the Coeur d'Alene Tribe could establish water quality standards for those waters. "Having their standards apply in Lake Coeur d'Alene is very important to the tribe," McAllister said. Treatment as a state "just recognizes the tribe's authority to have their own water quality standards," even though it might not make any tangible difference in what's enforced by the EPA on the lake, Van Orden said. The tribe has a meeting with the state DEQ on Aug. 12 to compare the its proposed water-quality standards with the state's and make sure they're consistent. Benewah County Commissioner Jack Buell is wary of the proposal. "I was very upset when we lost the lower end of the lake to the tribe, and it appears that what's going on with the tribe is what we suspected," he said. "Any more restrictions that they would put on us would probably be pretty tough to deal with." Since the tribe's lake jurisdiction was sealed by the Supreme Court in 2001, the tribe has started regulating activities on the lower third of the lake, including requiring tribal fishing licenses and permits for any docks or other encroachments. Some waterfont owners have balked at the annual encroachment fees, which are significantly higher than what the state charged. The tribe also isn't permitting new encroachments until it completes an inventory on what's already on the lake and riverfront. "The moratorium on any more pilings and any more docks, of course that affects taxes in Benewah County," Buell said. "When people build a house on the river, they probably want a dock and pilings on it." Buell said he doesn't understand why the lake's water quality can't be regulated by the state. "This is Idaho, isn't it? Or am I missing something?" Well, yes, according to McAllister. "State standards don't apply to waterways within the reservation," McAllister said. "This is not necessarily something the state agrees with, but this is our position. When we approve state programs, we try to make it clear that it doesn't extend into Indian Country." If treated as a state, the tribe would establish the water quality standards, which would be subject to approval by the EPA. The EPA would then enforce those standards through the discharge permits it issues to entities such as sewage treatment plants and paper mills. That's how the process works with the state. The tribe and state also have the opportunity to apply for the ability to administer the discharge permits. The state has not applied for financial reasons, said Dave Mabe, the Idaho Department of Water Quality's administrator of water quality programs. Mabe also said that the state does not regulate water quality on tribal lands. "The fact that they are not treated as a state right now does not mean the state of Idaho promulgates standards for them," Mabe said. The tribe's proposed water quality standards are not more stringent than the state's standards for the rest of the lake, McAllister said. "The fact is, the state's standards aren't being met, either," McAllister said. According to the EPA, the tribe's standards would have little effect on the plans being developed to manage Lake Coeur d'Alene or the Superfund cleanup of the Coeur d'Alene Basin. Mabe said his agency has not yet completed its review of the tribe's proposed standards, and could not comment on how closely they align with the state's. "The DEQ's interest is in making sure that the tribal standards and the state standards and the processes for implementing those standards can work together," Mabe said. "In some cases we will be the upstream entity and in other cases, we'll be the downstream entity." Toni Hardy, a Benewah County resident and Lake Coeur d'Alene property owner, is primarily concerned about the potential erosion of rights for non-tribal members. Hardy and her husband, Roger, have been outspoken critics of the process that led to the conversion of the Union Pacific Railroad line into a recreation trail. They believe the public interest was not served when the railroad was allowed to turn over the rail line to the state of Idaho and tribe without a thorough cleanup of historic mining pollution. "We don't think the Coeur d'Alene Tribe has demonstrated that they are capable of caring for the lake they call their mother," Toni Hardy said. "We do not want them controlling our land, what we can and cannot do." Hardy said her attempts to get minutes of the tribe's Lake Management Board have been unsuccessful. She said she's been called disruptive when she's demanded information from the tribe. "If asking for accountability is disruptive, yeah we are," she said. "Tribal governments are cloaked in secrecy." When asked about the Hardy's concerns, Van Orden said, "The tribe has always been open to hearing the public's concerns. The tribe is sensitive to those concerns, even with the docks. The ultimate goal of the tribe is to protect the lake, not antagonize the people who live within the reservation." Van Orden said the tribe's lake management board is not subject to the same sunshine laws as other governing entities in the state. The Coeur d'Alene Tribe isn't the first tribe to apply for the right to establish water quality standards in its own waters. The Confederated Salish and Kootenai Tribes applied to develop water quality standards for all surface waters on their reservation in Montana. The state of Montana challenged the EPA's process in court, but it was upheld in the 9th Circuit Court of Appeals. Similar challenges have been made by other states, but the courts thus far have backed the process made possible by Clean Water Act amendments passed in 1987. Susan Drumheller can be reached at (208) 765-7126 or by e-mail at susand@spokesman.com. Copyright c. 2003, The Spokesman-Review. --------- "RE: Osage gain Major Land Claim Victory" --------- Date: Thu, 31 Jul 2003 08:13:57 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="OSAGE LAND" http://www.owlstar.com/dailyheadlines.htm http://www.nativetimes.com/index.asp?action=displayarticle&article_id=2681 Osage gain major victory in battle over lost funds and past land claims $2.5 Billion lawsuit given green light PAWHUSKA OK Sam Lewin July 30, 2003 A court victory for the Osage Nation. A federal judge has ruled that the tribe can represent the interests of headright holders in the Osage mineral reservation. The ruling is part of a multi-billion dollar lawsuit the tribe has filed against the federal government, alleging mismanagement of money supposed to be held in trust. This is the first major decision in the case," said Osage Nation attorney Wilson Pipestem. In 1906, Congress passed the Osage Allotment Act, legislation giving most of the land surface rights on the Osage reservation to tribal members. It kept the tribe's entire mineral estate in trust. Turns out much of that land was gas and oil rich. The tribe filed suit in 2000, saying profits from those mineral sales were unaccounted. An audit said the government might have lost track of as much as 67 percent of those proceeds. The suit was filed against the Department of the Interior and the Bureau of Indian Affairs. Government attorneys sought to have the case dismissed, saying the statute of limitations had expired and that the tribe did not have the authority to file a claim on the behalf of headright owners. In shooting down the government's arguments, U.S. Federal Claims Court Judge Emily Hewitt essentially kept the case alive. Otherwise, "either the claim would be dismissed or those individuals would have to be brought into litigation individually. That would undercut the authority of the tribe and have made it difficult to litigate the case," said Pipestem. The judge's decision also keeps alive the Osage's bid to gain proceeds from the sale of the tribe's reservation in Kansas under an 1865 treaty. "This is an important step toward the Osages receiving what they are due from the federal government's mismanagement of our money," agreed Osage Principal Chief Jim Gray. "I am also pleased that the federal government's efforts to undermine the tribe in this case was rebuffed by the court." Native American Times is Copyright c. 2003 Oklahoma Indian Times, Inc. --------- "RE: Suit filed for Residential School Abuses" --------- Date: Fri, 1 Aug 2003 13:49:37 -0400 From: Frosty Subj: Fw: Suit filed for residential school abuses ----- Original Message ----- From: Russell Diabo Suit filed for residential school abuses If successful, joint action could cost government more than $12B Richard Foot CanWest New Service Friday, August 01, 2003 Nineteen law firms across Canada have jointly filed details of a class action lawsuit aimed at compensating more than a quarter of a million aboriginal people for the alleged harms of Indian residential schools. The lawsuit includes at least 58,000 surviving, former students believed to have attended residential school between 1920 and 1996, and 250,000 parents and children of former students. British Columbia and Ontario are home to the largest number of surviving students, with 10,000 in each province. Alberta, Saskatchewan and Manitoba are home to roughly 8,000 each. Although Thomson Rogers, the Toronto law firm leading the action, announced the lawsuit against the federal government last October, hundreds of pages of documents proposing how the matter should proceed were filed this week in Ontario Superior Court. If certified by a judge, the lawsuit has the potential to become a comprehensive solution to the thousands of individual claims now working their way through Canadian courts. Its authors also call it an alternative to the federal government's newly announced plan for an out- of-court program to compensate only victims of physical and sexual abuse. "There is now a clear alternative on the table to the government's program," says Jon Faulds, an Alberta lawyer who is part of the class action. Documents filed this week propose compensating every living former student, as well as the estates of certain dead ones, up to $40,000 each depending on how many years they spent in residential school. It also proposes special damages for students who can prove they were physically or sexually abused, plus additional compensation of up to $20,000 per person for loss of native culture and language -- a category of harm the courts have not yet recognized. Parents and children of former students also deserve up to $5,000 each, the lawsuit says. Although a total dollar figure is not included in the documents, there have been estimates that a successful class action could cost the federal government more than $12 billion in damages. The federal government owned hundreds of residential schools across Canada through most of the 20th century as part of a national policy aimed at educating and assimilating 91,000 aboriginal children. There was physical and sexual abuse in certain schools, and dozens of former students have successfully sued the government and the various churches that helped operate the schools, for the abuses some students suffered at the hands of convicted supervisors and teachers. Charles Baxter, the class action's representative claimant, is a 52- year-old band councillor from the Constance Lake First Nation in Ontario, who claims he was beaten and sexually abused at the Pelican Falls Residential School from age seven. Some involved with the schools have said that beyond the criminal abuses, the system taught Canada's aboriginals how to read and write, and was operated with the consent of many native parents. However, many plaintiffs claim they were forcibly taken from their parents and unwillingly immersed in hard-hearted institutions that forbade them to speak or practise native languages and customs. Copyright c. 2003 The Ottawa Citizen. --------- "RE: BIA Agent fights Sexual Abuse in Indian Country" --------- Date: Thu, 31 Jul 2003 08:13:57 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CHILD ABUSE" http://www.owlstar.com/dailyheadlines.htm http://www.nativetimes.com/index.asp?action=displayarticle&article_id=2673 BIA Agent fights sexual abuse in Indian Country Recognized for work in prevention CARSON CITY NV Sam Lewin July 30, 2003 The epidemic of child abuse in Indian Country has led a Bureau of Indian Affairs official to launch a series of initiatives aimed at combating the problem. Special Agent John Oliveria, a 33-year-old member of the Choctaw Tribe, is so successful he has been named as a finalist for the 2003 Service to America Medals, a national program honoring groundbreaking achievements by federal employees. Oliveria is based out of the Western Nevada Agency of Law Enforcement, but he has worked with tribes all over the West. Oliveria is motivated by statistics showing Native Americans suffer child abuse at a 37 percent higher rate than the general population. "Every tribe in America knows it's a problem, Oliveria told the Native American Times. "Anyone who has grown up in Indian Country knows it's a problem." He says there are a myriad of root causes, including family dynamics, a depressed culture and substance abuse. Drug and alcohol use create what experts call "situational molesters", something different from "preferential molesters" who are men and women who prefer children sexually and always will. "We have more situational molesters," said Oliveria. "People who are already sexually stimulated and a child happens to be there and they know the child won't resist. Alcohol and drugs only lower the inhibitions and it gets out of control." He believes that while preferential molesters can never be rehabilitated, situational molesters can be cured, usually through substance abuse treatment. But Oliveria knows not all will seek treatment, so he initiates programs like "Operation Wolf Hunter", a measure aimed at fighting the sexual abuse of children. Operation Wolf Hunter has several facets: - Increasing public awareness about the dynamics of abuse - Teaching tribal police about behavior profiles. More often than not, abusers fit a certain pattern. Knowing what to look out for is helpful. - Good touch/ bad touch classes for all schoolchildren before 6th grade. Oliveria says he initially encountered some resistance from tribal leaders in implementing his programs. "Some communities want to fight this traditionally, but it's not a traditional problem. We weren't molesters 150 years ago." He hopes his Service to American nomination will pique interest in the issue. It has certainly caught the attention of his bosses back in Washington. "I want to commend Special Agent John Oliveria for being named a finalist," said Assistant Secretary of Indian Affairs Aurene Martin. "He is a dedicated public servant and outstanding BIA employee committed to aiding American Indian victims of child abuse throughout Indian Country." "It is all too easy to overlook the important and daily contributions of the men and women in our federal workforce, but they are the heroes behind the headlines every day who make our nation work," said Partnership for Public Service President Max Stier. Oliveria says his drive to stop abuse began with his own family. "It became much more of a priority once I my own child. I don't know. When you stare into the eyes of hundreds of children who have been abused it becomes a passion." Native American Times is Copyright c. 2003 Oklahoma Indian Times, Inc. --------- "RE: How did Spiritual Leader end up in Hospital" --------- Date: Wed, 30 Jul 2003 08:45:33 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BEATING or FALL" http://www.owlstar.com/dailyheadlines.htm http://www.nativetimes.com/index.asp?action=displayarticle&article_id=2668 How did Lakota spiritual leader end up in hospital? Was it a brutal beating or a violent fall? PHILADELPHIA MS Sam Lewin July 29, 2003 A respected Lakota spiritual leader lies in a hospital bed in Philadelphia, Mississippi trying to recover from major head trauma. How he got there is a mystery, with wildly different stories circulating. Robert LaBatte, 52, is the Grand Chief of the Spiritual Elders of Mother Earth, an organization made up of 30 indigenous people from the United States and Canada. The Bear Butte, South Dakota resident also acts as a coordinator for the Friends of Indigenous Elders, a non-profit group based out of New Mexico. Friends say LaBatte went to the Choctaw reservation in Philadelphia earlier this month to visit with relatives and rest after participating in the Gathering at Manataka. Sometime during the evening of Sunday, July 13, LaBatte sustained major injuries to his head and throat. That's about all anyone knows for sure. LaBatte's family and friends say he was at the home of Nathaniel Tubby, a cousin of his brother-in-law, when three intoxicated men came over and began to taunt him. They say LaBatte went to bed rather than confront them. His niece says she received a call the next day from one of Tubby's sons, asking her to pick LaBatte up because he fell and hit his head. LaBatte was bloody and badly injured when she arrived and begged her to take him to the hospital. The other residents of the house said they slept late and didn't notice LaBatte was in pain. Two weeks later, LaBatte remains at the Choctaw Health Center. Friends say a piece of his skull pierced his brain, his left ear is damaged and he must be fed through a tube. He still requires further surgery. Robert York is the Choctaw Tribal Police detective assigned to the case. He said he doesn't yet know what happened. "We are trying to determine if it's an assault or not. Either he hit his head or it got hit. We are trying to find out," York told the Native American Times. "He sustained massive blunt trauma to the head. He doesn't remember anything." York says he is particularly angered, and the investigation hampered, by a website purporting to offer information on the incident. The site names people who were in the house at the time and accuses them of possibly assaulting LaBatte. That frustrates York because he cannot locate some of those people, and he has no way of contacting the webmaster to determine how he got that information. York says another person identified on the site as a possible assailant has been ruled out. He says the site has other information about the investigation that is false. That hasn't stopped friends of LaBatte from being convinced that he was the victim of a violent assault. They wonder how LaBatte could sustain such injuries during a fall, and they accuse police of dragging their heels in the investigation. Cynthia Walker, secretary-treasurer of Friends of Indigenous Elders, believes LaBatte was an assault victim. "It was some of his relatives that beat him up and he was beaten very badly and now he's trying to recover," Walker told the Native American Times. "It shocked and surprised me. Robert is one of the most highly spiritual people I know. For someone to want to hurt someone who is in that position makes them very evil." Native American Times is Copyright c. 2003 Oklahoma Indian Times, Inc. --------- "RE: Native Prisoner" --------- Date: Mon, Aug 4 2003 19:18:40 -0700 From: Janet Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NATIVE PRISONER" ===== Date: Monday, August 04, 2003 8:40 AM From: "Brigitte Thimiakis" Subj: [ironnatives] Native American stabbed - Statement & 3 articles A Native American was stabbed to death in prison, in California. Please read this statement before the 3 articles that were published in the press and are enclosed in this post, below the introduction by Valerie Scott, NAPS. Brigitte ===================== Greetings About two weeks ago, NAPS circulated a posting concerning USP Atwater, outlining some of the on going issues with the Native prisoners, as well as our safety concerns. We also sent a series of inquiries to prison and BOP officials, expressing our concerns and warning them that there could be further trouble among the Native prisoners - a warning they took lightly. Now, a Native prisoner has been stabbed to death, which is the second stabbing of a Native prisoner in SHU within weeks. This is supposed to be a secure lockdown unit, with video cameras. Of course, if the guards open the cell doors and turn a blind eye, as they did in the stabbing of Stephen Jackson, someone is bound to get hurt or killed. Likewise will happen, if they intentionally cell the wrong inmates together. In Mr. Haro's latest response to our inquiries, he states: "Staff utilize a wealth of experience in making judgments on how best to manage inmates, which entails consideration of numerous factors." This may be true, but they don't understand the Native psyche (which they have proven repeatedly over the past two years). Therefore, we are not surprised to see that federal officials are using the media to assassinate the character of Mr. Anita, even though the FBI has not completed its investigation and refuses to comment. This, of course, distracts everyone from the "real" issues. However, where there is smoke, there is fire! Perhaps, now that one of the Native prisoners is dead, someone might see fit to send an inquiry or apply pressure to Atwater or BOP officials. Because I can assure you, this is not the end of their problems. Valerie Scott, NAPS ===== NAPS (Native American Prisoner Support) http://www.hri.ca/partners/naps/ ============================================== Article 1 [From Linda - thanks]. Atwater inmate found stabbed to death in his cell Thursday, July 31, 2003 By Mike De La Cruz (mdelacruz@mercedsun-star.com) ATWATER - A 30-year-old inmate at the United States Penitentiary, Atwater was possibly stabbed to death early Wednesday in his cell. Michael Edward Anita, 30, was found dead at 5:22 a.m. in the Special Housing Unit (SHU), where he was being housed at the federal facility located at No. 1 Federal Way in Atwater. Anita was pronounced dead at 6:08 a.m. by emergency medical service personnel. Sheriff's Sgt. Ken Thurman, supervisor of the Merced County Coroner's Office, said an autopsy of the victim is scheduled today in Fresno. Jesse W. Gonzalez, executive assistant at the penitentiary, said Anita was sentenced to life for carjacking in Arizona. He said the Federal Bureau of Investigation was notified and is currently conducting an investigation. Karen Ernst, a special agent for the Sacramento FBI, said that the FBI as well as the Federal Bureau of Prisons are involved in the investigation. The FBI was called into the investigation because the penitentiary is a federal institution. Ernst said the investigation is ongoing and that it is too early to release any information. Gonzalez said this is the first homicide since the penitentiary began accepting inmates on Jan. 16, 2002. -------------------------------------------------------------------------- Article 2: [from Kim - Thanks] Prison inmate's death is a 'possible stabbing' By MIKE CONWAY BEE STAFF WRITER ATWATER - Guards Wednesday morning found a prisoner dead in his cell at Atwater Federal Penitentiary, where he had been serving a life sentence for a carjacking. Michael Edward Anita, 30, of Casa Grande, Ariz., was the victim of "a possible stabbing," said Jesse Gonzales, the prison's public information officer. It would be the first homicide at the prison since it opened in January 2002. Anita was being held in the special housing unit, a separate set of cells. "It's for inmates who commit serious violations of the Bureau (of Prisons) rules," Gonzales said. He would not say what prompted officials to house Anita in the unit. "It's under investigation," he said. The special cells can house two or more inmates. Gonzales would not say how many men were in Anita's cell, nor would he say what kind of weapon might have been used. Anita and a partner abducted and killed taxi driver Daniel Sheehan on June 8, 2000. Because the crime may have occurred on an American Indian reservation, Anita was charged with the federal crime of theft of a motor vehicle with intent to cause death or serious bodily harm, Assistant U.S. Attorney Sean Chapman said. A Tohono O'odhan Indian, Anita lived on and off the reservation for much of his life, Chapman said. "We didn't know if the murder occurred on the reservation or off," Chapman said. The only part of Sheehan's body that was recovered was the top of his skull, found in a cotton field on the reservation. Investigators found the driver's blood in the cab and on the clothing of Anita and his accomplice. Chapman said prosecutors believed the pair wanted to use the cab to smuggle people into the United States. The Tohono O'odham Nation reservation stretches along the Mexican border west of Tucson. Anita had been appealing his conviction, Chapman said. He had a violent history, having been convicted at age 18 of shooting a man in the head and killing him following a disagreement. "He's big, strong and tough, and had lots of arrests for violent conduct that were never prosecuted," Chapman said. Assistant U.S. Attorney Jesse Figueroa added: "This guy would give Mike Tyson all he could handle. "There is an indication he was a member of an Indian prison gang, the Warriors Society. He also was somewhat of a leader, so it's easy to see how he would be a problem." FBI Special Agent Karen Ernst said the Fresno office is handling the investigation into Anita's death. The Atwater penitentiary is a maximum-security prison for serious criminals and violent offenders. The main prison houses 1,440 maximum- security prisoners, while 127 inmates are in a minimum-security facility nearby. Bee staff writer Mike Conway can be reached at 381-0208 or mconway@modbee.com. Posted on 07/31/03 06:45:12 http://www.modbee.com/local/story/7218246p-8146110c -------------------------------------------------------------------------- Article 3 : [from Kim - Thanks] Subject: Arizonan in California prison found dead in cell Arizonan in California prison found dead in cell Associated Press Jul. 31, 2003 12:20 PM ATWATER, Calif. - An Atwater Federal Penitentiary prisoner serving a life sentence for carjacking has been found dead in his cell, prison officials said. Michael Edward Anita, 30, of Casa Grande, Ariz., was the victim of a possible stabbing on Wednesday, prison spokesman Jesse Gonzales said. Anita, who was appealing his conviction, was being held in a special housing unit, a separate set of cells for inmates who commit serious violations under the Bureau of Prisons rules, Gonzales said. Anita was charged with the federal crime of theft of a motor vehicle with intent to cause death or serious bodily harm because the crime may have occurred on an American Indian reservation, federal prosecutors said. Federal officials say Anita and a partner abducted and killed a taxi driver in June 2000 to use the cab to smuggle people into the United States. Anita was a member of the Tohono O'odham Nation. The American Indian reservation west of Tucson stretches along the Mexican border. Federal officials said Anita had a violent history and was an alleged member of a prison gang. At 18, Anita was convicted for fatally shooting a man following a disagreement. "There is an indication he was a member of an Indian prison gang, the Warriors Society. He also was somewhat of a leader, so it's easy to see how he would be a problem," Assistant U.S. Attorney Jesse Figueroa said. Officials said the homicide is the first at the 1,400-inmate maximum- security prison since it opened in January 2002. ===================================================== Date: Thursday, July 31, 2003 9:54 PM From: "Kim Foltz" Subj: For WI: Prisoners in Colorado Request Help with the Desecration of Their Sacred Items From NAPS: Prisoners in Colorado Request Help with Desecration of Their Sacred Items From: John L. (Means) Spring, #53027, Unit 4-B, Arkansas Valley Correctional Facility, P.O Box 1000, Crowley, CO 81034 We have an officer here at AVCF that seems to be very prejudiced against Native Americans. He harasses us, and desecrates our Sacred Items every chance he gets (Sgt. Jones). I have done my best to work with Sgt. Jones, to the point that I would just hand him my Sacred Items Box, and tell him that I had no problem with his touching my Sacred Items. My cell was searched on 05-01-03, 05-31-03, and 06-05-03. On 07-24-03, Sgt. Jones searched my cell, and took what he alleged was an "Extra Medicine Bag". It was just an herb bag. Every inmate here has nearly up to four of them. When sitting on my bed, after the search by Sgt. Jones, I looked down and saw some of the medicine from my Medicine Bag on the floor. This should NEVER have happened. (If we will not open the bag, as was the case with me, the officers have the right to search it but must do so with care and respect and this was not the case.) I have filed a grievance and will do my part; however, as you know, it will not do much good without outside support. We pray that you can give us that. If nothing else, please let the CDOC know that you will be watchful of Sgt. Jones' actions in the future. Pilamaya, The following addresses may be of help: Warden Carl Zenon Arkansas Valley Correctional Facility 12750 Highway 96, Lane 13 P.O, Box 1000 Crowley, Colorado 81034 Phone: 719-267-3520 Fax: 719-267-5024 Joe Ortiz, Executive Director Colorado Department of Corrections 2862 South Circle Drive Colorado Springs, Colorado 80906 Phone: 719-579-9580 Fax: 719-226-4455 E-Mail: pio@doc.state.co.us Please note the policy Mr. Spring refers to is: Administrative Regulation 800.01, Section III, Y "Visual Inspection", which states: Inspection of faith related property by physically handling, when necessary, while exercising "professional conduct". In most states, officers are not allowed to touch the contents of a medicine bag, and the prisoners handle the items for a visual inspection. --------- "RE: History: Carlisle Indian School" --------- Date: Mon, 04 Aug 2003 22:30:08 -0400 From: Barbara Landis Subj: August 1, 1890 INDIAN HELPER, Carlisle Indian School [incomplete] [Editorial Note: These reprints are being included in this newsletter so that you might know the mind of those who ran institutions like Carlisle.] From Barbara... [Note to regulars: I'm jumping ahead to August 1 issue and will try to catch up w/July 18 + 25th HELPER's by summer's end...Barb] THE INDIAN HELPER ~%^%~ A WEEKLY LETTER FROM THE Carlisle Indian Industria