From gars@speakeasy.org Sun Jan 11 21:49:21 2004 Date: 24 Sep 2003 00:22:06 -0000 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews11.039 _ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' ____ _ , ___ _ , ___ / ' ) / / ) ' ) / / ' VOLUME 11, ISSUE 039 / /-< / /--/ /-- __/_ / ) (___/ / ( (___, 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 September 28, 2003 Cree Weweopizun/wavy or snow goose moon Anishnaabe Manoominike-giizis/Rice 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; ndn-aim Mailing List; 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: + -- -- -- -- -- -- -- -- -- -- -- + ======================== "The Great Spirit is in all things, he is in the air we breathe. The Great Spirit is our Father, but the Earth is our Mother. She nourishes us, that which we put into the ground, she returns to us." __ Chief Big Thunder, Penobscot +- -- -- -- -- -- -- -- -- -- -- -+ | 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! A Greenwich Time story published on September 19 demonstrates yet again that in some circles, sometimes highly-placed, powerful circles, there are those determined to stifle any advance of Indian people beyond second-class citizenry. In this story, we learn that there has been "a stir" created by a request made by the dean of the University of Connecticut's School of Law. This shocking request? He has asked that a legal research center focusing on tribal law receive funding from the federal government and the local tribes. The worst stir isn't over the possibility of the research center receiving federal funds -- it's the possibility that the research center might feel beholden to donor tribes (who made their money through gaming) and will slant their findings to favor gaming establishments and future tribal rights that lead to more gaming. Wonder how many petrochemical research centers are funded by the oil industry? How much power generation research is funded by the energy companies? How much medical research is funded by the pharmaceutical industry or health insurance companies? Do we hear "a stir" about that? But now, a group that has been legally disinfranchised for generations is about to get a legal research center in the east, where no such center presently exists, and where Indian issues are more complex than those in the western part of the country. That creates "a stir" because the few Indians in this world who have the means to finance credible research have been asked to do so. Give me a break. This reminds me so much of when Red Cloud and American Horse were conned into letting their children be the Pied Pipers who led a string of children off to boarding school torment on the pretext that they would return prepared to deal with deceitful U.S. government lawyers. Of course -- any trained housemaid or farm hand could handle that, right? And that's precisely the training the children who survived received. +/// Janet Smith owlstar@speakeasy.org /*/+ P. O. Box 672168 OwlStar Trading Post + / * Marietta, GA 30008, U.S.A. http://www.owlstar.com * + ----- Dohiyi Ani Oginalii , , Gary Smith Night Owl gars@nanews.org (*,*) P. O. Box 672168 gars@speakeasy.org (`-') Marietta, GA 30008, U.S.A. http://www.nanews.org ===w=w=== ----------- News of the people featured in this issue ---------- - Tribe has no right - Foes attack Tory secrecy to Sunflower Property on Ipperwash - Blackfeet unfurl qualms - Alaska: Rule of Self-Law at Front Drilling Hearing - Father of dead Lakota Soldier - Onondaga Nation threatens I-81 toll visits West Point - EBC Land swap may violate Law - Pokagon Buildings - Pollution forces Tribe destroyed in Suspicious Blazes to shut down Fishery - Aquash Family disappointed - Tribes fear Cultural Genocide with Trial delay from Superfund Site - Native Prisoner - Rolling Thunder on Pine Ridge -- Denial of Religious Rights - 2003-2004 ExxonMobil Alaska - Rustywire: Native Master Artists Eshkee and the Towering House - YELLOW BIRD: Bias - Poem: Dreaming the Earth may taint Beauty Pageant - Verse: Hawaiian Book of Days - Retaliation alleged - Passion for Cree Language in firing of Fund Manager helps keep it Alive - Some Metis granted - Oklahoma Tribe Looks to Save full Native Rights Dying Language - The Haida don't let go easily - Upcoming Events --------- "RE: Tribe has no right to Sunflower Property" --------- Date: Tue, 23 Sep 2003 08:10:19 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SHAWNEE" http://www.indianz.com/ http://www.ljworld.com/section/stateregional/story/146115 U.S. won't let Shawnee Tribe reclaim property Government attorneys say tribe has no right to Sunflower property The Associated Press Sunday, September 21, 2003 Kansas City, Kan. - In the latest volley in an ongoing squabble over who owns the former Sunflower Army Ammunition plant near De Soto, government lawyers are contending that the Shawnee Tribe of Miami, Okla., has no right to the land. Assistant U.S. Atty. David Zimmerman argued recently that the tribe was not recognized as a viable government at the time the land was eligible to be transferred. A lawyer for the Shawnee Tribe argued that Congress never voided his client's right to the property. The two sides must exchange legal briefs before the case goes to a judge, with final resolution not expected for months. At issue is a 9,065-acre tract that once was the proposed site for a Wonderful World of Oz theme park and resort. The General Services Administration controls the land and is responsible for its disposal. Since the Johnson County Commission killed the Oz idea in October 2001, several competing ideas for use of the land have been kicked around. They include a "community in a park" and business concept; a research park; and more recreation space for the county's park district. All of those plans could be canned or modified if the Shawnee Tribe's claim to the land, made in early 2002, is successful. At the heart of the issue is whether the tribe can lay claim to the land based on a treaty recognized in 1854. Tribal leaders said the treaty was never amended by Congress and made 1. 6 million acres of northeastern Kansas -- including the Sunflower site -- part of tribal land. "That land was ultimately changed through treaty resolutions and was reduced significantly," said the tribe's lawyer, Scott Beeler. "But Sunflower ground has always been part of the Shawnee reservation." But the government says the Shawnees were only recognized as a reconstituted tribe in 2001 and lost their opportunity to apply for the land. Before 2001, the Shawnee Tribe was part of the Cherokee Tribe, and the Cherokees apparently did not forward the application documents for the land to the Shawnees. The Shawnee Tribe also has made a request from the government for 1,500 acres of the parcel to be used for prairie restoration and reintroducing buffalo to the grounds where they once roamed. Copyright c. 2003 The Lawrence Journal-World. All rights reserved. --------- "RE: Blackfeet unfurl qualms at Front Drilling Hearing" --------- Date: Wed, 17 Sep 2003 08:52:14 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BADGER-TWO MEDICINE" http://www.greatfallstribune.com/~/20030916/localnews/267895.html Blackfeet unfurl qualms at Front drilling hearing By SONJA LEE Tribune Staff Writer September 16, 2003 Blackfeet tribal members are concerned a proposed gas well in the Badger- Two Medicine will interrupt the cultural and traditional significance of the area. The Lewis and Clark National Forest is reviewing a proposal to drill an exploratory well in Hall Creek, about three miles south of Highway 2 in the Badger-Two Medicine. On Monday officials from the tribe, Forest Service, Montana Historic Preservation Office and other groups met in Choteau to discuss how the exploratory well could affect the Badger-Two Medicine Blackfoot Traditional Cultural District. Tribal Council Chairman Jay St. Goddard said he is opposed to drilling in the Badger-Two Medicine. He said he supports the cultural district, but he questions how the review got so far along. The cultural significance of the area should have been recognized long ago, shutting down drilling. "There is a lot of encroachment here," said Tribal Councilman Allen Talks About. Part of the Lewis and Clark Forest, the 133,000-acre Badger-Two Medicine is southwest of the Blackfeet Reservation. The area is associated with Blackfeet oral traditions and cultural practices. It is believed to be home to culturally important spirits, heroes and historical figures central to Blackfeet religion and tradition. Even though the drill site is outside the northern boundary of the historical district, the Forest Service still must examine how drilling might impact the area. The proposed gas well, formerly known as the Fina well, was approved in 1985 and 1991. But in 1993 former Interior Secretary Bruce Babbitt suspended approval of the well and instituted a moratorium on all oil and gas in the Badger-Two Medicine. The moratorium expired in 1996. But because the Forest Service was completing a cultural resource study, the drilling proposal was again put on hold. The Forest Service has since conducted ethnographic research, field studies and oral history interviews, and it has proposed a 89,376-acre historic district. In 2002, the National Register of Historic Places agreed the Badger-Two Medicine area is eligible for recognition. Formal listing, however, has not taken place. Before listing, the Forest Service wants the tribe's full agreement, said Mike Beckes, regional manager of the Forest Service heritage program. There also is concern the sacred traditions of the area will be in the spotlight with formal listing. Listing in the National Historic Register would not veto oil and gas development, said Sandra French, heritage program manager for the Lewis and Clark National Forest. "But it certainly adds prominence," French said. With a new leaseholder in Hall Creek, Sidney Longwell of Louisiana, renewing the drilling proposal, the historic district is back on the table. Because the original drilling analysis is 12 years old, the Forest Service must review new information, like possible effects to the traditional cultural district and threatened and endangered species listed since 1991. If new information doesn't appear to have a significant impact, the 1991 decision to approve the well stays in place. If the new information shows there are significant changes, the Forest Service will have to do additional studies before making a decision. Bill Hansen, who is representing Sidney Longwell, said Longwell is sensitive to the tribe's requests. He also said drilling would be done in a way that elk areas are not interrupted. On Monday, Blackfeet tribal members made it clear more study is needed. Members also said they don't agree with the boundaries of the historic district. Joyce Spoonhunter, former cultural and preservation director for the tribe, said the boundaries leave out some vision sites and elk wintering and spring calving areas. Spoonhunter also said the Forest Service's research and oral history interviews are not complete. Jeri Lawrence with the Blackfeet Planning Department also said the Blackfeet have reserved rights to hunt, gather and fish in the area. Drilling should not move forward. "Why do so much damage when there is so little payoff?" she asked. Copyright c. 2003 Great Falls Tribune. All rights reserved. --------- "RE: Onondaga Nation threatens I-81 toll" --------- Date: Tue, 23 Sep 2003 08:10:19 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TAX RETALIATION" http://www.pechanga.net/ http://www.syracuse.com/~/base/news-11/1064133360199320.xml Onondaga Nation threatens I-81 toll if state orders taxes September 21, 2003 By Mike McAndrew Staff writer Native American nations across New York are gearing up to protest the state's latest effort to collect millions of dollars in taxes on cigarettes and gasoline sold to non-natives on Indian territories. The Onondaga Nation will never collect a tax on cigarettes for New York, nation lawyer Joe Heath said, but it is willing to negotiate to resolve some of the state's concerns about the regulation of Native American businesses. If the state tries to force the Onondaga Nation to collect taxes on the cigarettes the nation sells, Onondaga Chief Virgil Thomas said, the Onondagas will build a toll booth on Interstate 81 and charge a fee for those who cross their territory. "If we can build this," he said, pointing to the nation's state-of-the- art lacrosse and hockey arena on Route 11, "we can build a toll booth." The state Tax Department issued new proposed regulations concerning the collection of taxes on Indian nations Sept. 12. But leaders of the six Indian nations that make up the Iroquois Confederacy, or Haudenosaunee, maintain that the Iroquois treaties with New York bar the state from imposing taxes on Indian land. In the past week, leaders of the Oneida Indian Nation, Cayuga Indian Nation, Seneca Nation of Indians, Tuscarora Nation, Tonawanda Band of Senecas, and St. Regis Mohawks have vowed to resist any effort by the state to collect taxes on sales on their lands. "This is not going to get resolved," said John Kane, a Mohawk manager at Ross John Enterprises, which owns a Holiday Inn and four cigarette and gasoline shops on the Seneca Nation's territories in western New York. "The state is going to back down again." Such vows raise images of 1997 - the last time the state attempted to force the collection of taxes in Indian nations. That attempt spurred demonstrations, roadblocks and other incidents at Indian territories across the state. The state abandoned the effort. The new state regulations would require businesses on Indian territories to purchase cigarettes and motor fuel from wholesalers. The state would charge the wholesalers the $15-per-carton excise tax on cigarettes. The wholesalers would pass the state excise taxes on to the Indian businesses. The Indian vendors would be expected to pass the cost on to non-Indian customers. Native American consumers would receive state-issued coupons so they could buy cigarettes from businesses on Indian lands and avoid paying the $15 per carton excise tax. The state said it would also require non-Indians who buy cigarettes and other items from Indians on reservations to pay the state and local sales taxes, which range up to 7.25 percent. Consumers would not pay the sales tax at the register, but through a new line on their state income tax returns. The state could prosecute anyone who fails to pay the sales tax on their income tax return. Native American businesses are also expected under the proposal to pass on to non-native customers the 36.8 cents per gallon state taxes on gasoline, based on a $1.85 per gallon price. The tax department estimated that the new regulations would help the state collect an extra $20 million in the state fiscal year that ends March 31 and $64.5 million in the following year. New York lost about $500 million in 2001 and as much as $895 million in 2002 by failing to collect taxes on tobacco products sold by Native American businesses, over the Internet, and by bootleggers, according to a study paid for in 2002 by the FACT Alliance for the Fair Application of Cigarette Taxes. Doug George-Kanentiio, a Mohawk writer who supports the traditional Iroquois chiefs, said traditional Iroquois are worried that the state will try to link the gas and cigarette taxes to negotiations over Indian casinos and land claims. "The state will say at some point of the negotiations that they will withhold the expansion of casino gambling until the Indian nations comply with the tax regulations. That's what's going to happen," he said. Meanwhile, non-Indian convenience store owners are unhappy that the state has allowed Indian businesses to have an unfair competitive advantage because of the tax issue. Because of the price differences, there's been a huge shift of customers away from the tax-paying convenience stores to unlicensed, unregulated tax-free Native American stores selling cigarettes and gas, said James Calvin, president of the New York Association of Convenience Stores, which represents 1,800 stores. Taxes vs. sovereignty On this issue, economics butts up against sovereignty claims. The U.S. Supreme Court in 1994 ruled that New York could collect taxes on cigarette and gas sold to non-Native Americans by businesses on Indian territories. In 1996, Pataki announced plans to force businesses on Indian territories to collect and remit to the state taxes on gas and cigarettes sales to non-natives. In 1997, traditional chiefs of the Onondaga, Tuscarora, Mohawk and Seneca nations negotiated with Pataki an alternative deal that would allow businesses on Indian territories to avoid collecting state taxes if the businesses were licensed by tribal governments, paid a fee to the tribal governments, and agreed to a minimum price system for the gas and cigarettes they sold. The minimum prices and fee were designed to keep prices for cigarettes and gas at the Native stores on par with prices at other stores in New York. The Indian nations were to use the licensing fees to fund social programs on their territories. But the deal was denounced by independent Native American business owners and their supporters, who claimed it violated Indian sovereignty. While refusing to pay taxes to New York, independent native business owners were also opposed to paying licensing fees to their own tribal governments. "We have free enterprise here in the Seneca Nation," Kane said. In 1997, supporters of the Native American business owners briefly blocked traffic on Interstate 81 on the Onondaga territory, shut down a 40-mile stretch of highway on the Senecas' Allegany reservation, and closed the state Thruway for about 45 minutes on the Senecas' Cattaraugus reservation. After Pataki abruptly abandoned the commerce agreement, suspicious fires damaged houses owned by traditional Onondaga Chief Ollie Gibson and Tuscarora Chief Leo Henry. The new initiative Despite ongoing complaints from off-reservation convenience store owners, the state opted not to push for a resolution of the sales tax issue with the Native American businesses until this year. In May, Pataki announced a tentative land claim settlement with the St. Regis Tribal Council - the elected Mohawk government at Akewesasne in northern New York - that also would allow the Mohawks to open a casino in the Catskills and to be free of state taxes on Mohawk sales of cigarettes and gas to non-natives. The newly elected Mohawk tribal council has since rejected that agreement with Pataki. In passing its own state budget in May, the legislature mandated that the Pataki administration begin taxing the sales of cigarettes and gas to non-native customers by businesses located on Indian territories, claiming that the state could collect $165 million in revenue. Pataki criticized the legislature, saying that such action would have "devastating consequences for the state's relationship with Native Americans" and insisted the issue should be resolved through government- -to-government negotiations with the Indian nations. Last week, Pataki's state tax department issued its new proposed tax regulations, which are scheduled to become effective Dec. 1 unless the tribal governments reach alternative agreements with the state. "These regulations were mandated by the legislature over the governor's veto. The tax department must follow the law," said Tom Bergin, a spokesman for the tax department. Heath, who represents the Onondaga Nation, the Tonawanda Band of Senecas and the Tuscarora Nation, met Wednesday in Albany with two members of Pataki's staff to learn about the proposed regulations and to open the door for negotiations on an alternative commerce agreement. The 1997 deal that Pataki and the traditional chiefs negotiated could be used as a starting point for a new round of negotiations, Heath said. Reviving the 1997 commerce agreement - which would mean the traditional chiefs would regulate businesses on Indian territories - is one way to avoid the state imposing taxes on Dec. 1, said George-Kanentiio. Heath said no one knows if the tax department's initiative will prompt the kinds of demonstrations and violence that occurred in 1997. "Will the fires start up again? Who knows," Heath said. "I don't want to predict there will be no protests." The atmosphere is different than it was in 1997 at Onondaga because the people of the Onondaga Nation forced the privately owned cigarette and gas businesses to shut down and the nation now runs the only cigarette business on the territory. The business climate is different at the Mohawk, Seneca, and Tuscarora nations. There, businesses that are not licensed by the Native American governments and contribute no revenue to the governments sell tax-free gas and cigarettes. Native Americans will block the highways if the state tries to tax the reservation businesses, predicted Kane, a Mohawk who in 1990 was convicted of conspiring to torch the Oneida Nation's bingo hall. "You can't shut down people's livelihood and not expect a fairly tumultuous response," Kane said. Staff writers Glenn Coin and Scott Rapp contributed to this report. Copyright c. 2003 The Post-Standard. Used with permission. --------- "RE: Land swap may violate Law" --------- Date: Wed, 17 Sep 2003 08:52:14 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="EBC LAND SWAP" http://www.thedailytimes.com/sited/story/html/143485 Land swap between Park, Indians may violate law 2003-09-17 by Thomas Fraser of The Daily Times Staff An independent appraisal contracted by a national park watchdog group suggests a planned land exchange between Great Smoky Mountains National Park and the Eastern Band of Cherokee Indians would be in violation of federal law. The revelation comes as the U.S. House of Representatives prepares to consider legislating the exchange regardless of the results of an Environmental Impact Statement currently under way. According to the National Parks Conservation Association, Property Service Group Southeast, the Knoxville appraisal firm hired by the organization, concluded that the Park land in question, 143 acres known as the Ravensford Tract located near Oconaluftee, is worth $3.5 million. The Eastern Band of Cherokee Indians wants to trade 218 acres along the Blue Ridge Parkway for the Ravensford Tract, which the band claims is needed to construct three schools. A National Parks Conservation Association director said Tuesday that the Blue Ridge Parkway land, located in Jackson County, N.C., at Waterrock Knob, is worth about $500,000, according to the Jackson County Register of Deeds. If the appraisals are correct, it means the land exchange would be in violation of the Land and Water Conservation Act, which stipulates that any exchange of national park property be made only for land with an "approximate value." Cash can be used to make up the differences in value, but only up to 25 percent. The entire concept of the exchange, noted NPCA Associate Southeast Regional Director Greg Kidd, "is based on the premise the properties are of equal value." FOI rebuffed The National Park Service has rebuffed a Freedom of Information Act request from NPCA that sought the service's appraisal figures for the Ravensford Tract, and no one from the Eastern Band's attorney general's office was available for comment Tuesday. The park service argued in its response to the group's FOIA request that "premature disclosure of the report would have an adverse impact on the government's competitive position with the landowner during the negotiation process." Kidd said the Eastern Band has represented the Ravensford Tract as having a value of about $550,000. "I've seen that number out there," said Park information officer Bob Miller. However, "the park service still has not accepted any appraisal for either the tract at Ravensford or the tract at Waterrock Knob." Further piquing Kidd's interest was a 1972 National Park Service memo -- sent when the Eastern Band of Cherokee was attempting to secure the Ravensford tract for a golf course -- that outlined the results of a park service appraisal of the property. That year, the Regional Real Estate Appraiser for the park service issued an opinion that the tract was worth $6,000 an acre. That would mean the entire tract, in 1972 dollars, was worth $840,000. "We certainly think (the proposal) is worth re-examination," Kidd said. The NPCA and other environmental organizations, including the Sierra Club, are opposed to the exchange because of the potential threat to ecological and cultural resources contained on the Ravensford Tract. Congress may decide Now it seems opponents of the exchange will try to use this new development to their advantage. "This information changes the entire situation," said Ted Snyder, a former president of the Sierra Club. "The Ravensford Tract is worth nearly seven times the previously reported value. Mistakes clearly were made, and an investigation is called for to show what they are." Meanwhile, an attempt by Rep. Charles Taylor of North Carolina to legislate the exchange on the congressional level continues. House Resolution 1409 would allow for the full exchange to proceed, independent of the Environmental Impact Statement undertaken by the park service, as required by the National Environmental Policy Act. "It's essentially an education issue with the congressman," said Taylor spokeswoman Deborah Potter. "That is why he is supportive of the swap, to give the Cherokee tribe a place to build new schools." Potter also maintained that "what the park service would be getting is a much more valuable piece of property." When the results of the NPCA appraisal were shared, she stuck to her guns: "The office maintains the property the tribe wants to trade is much more valuable than the land they are getting in return." She said that conclusion is drawn from other "independent appraisals" conducted by the Eastern Band, but that the proposal "is not a money issue. " The issue, she reiterated, is education for the Cherokee children, but NPCA and other environmental groups maintain there is land located on the reservation suitable for construction of the three new schools. The resolution is scheduled to be considered on the full floor of the House sometime this week, but Rep. John Duncan's spokesman, Rob Haralson, said he is uncertain whether a vote will proceed this week, based on the threat to Washington posed by Hurricane Isabel. Haralson said he is not sure how Duncan will vote. "I know he has expressed some concern in the past." Miller said Congress can dictate Park boundaries, and make a decision "totally separate from the park service's resource-based decisions." Copyright c. 2003 Maryville, TN Daily Times, Horvitz Newspapers. --------- "RE: Pollution forces Tribe to shut down Fishery" --------- Date: Wed, 17 Sep 2003 08:52:14 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="POLLUTED BAY" http://www.indianz.com/News/ http://seattletimes.nwsource.com/~/2001732795_dungeness17m.html Closed: sign of pollution's spread By Craig Welch Seattle Times staff reporter September 17, 2003 SEQUIM - A bay made famous for its historic link to one of the world's most popular shellfish - Dungeness crab - is fast becoming a metaphor for Puget Sound's struggle against the toxic effects of multiple-source pollution. Fecal-coliform bacteria, which come from human and animal waste, extend so deep into the bay that the Jamestown S'Klallam Tribe must for the first time entirely abandon commercial oyster harvests during its most-lucrative growing season - winter, when tidal circulation compounds the problem. Bacteria began coursing through this shallow bay in earnest in 1997, leaching from horse farms and septic tanks and washing over parking lots onto the tideflats and their sensitive shellfish. The contaminated runoff forced state health officials to repeatedly close Dungeness Bay oyster beds - 50 acres one year, 200 another, 100 acres another. "It never looks good when you open up the map and there's a big red closure blob in the place called Dungeness Bay," said Lyn Muench, natural- resources planner for the tribe. Even as the tribe, Clallam County, a local conservation district and the state work mostly together to rejuvenate these deteriorating marine waters, the pollution spreads. Officials are increasingly frustrated and dismayed that in a fast- growing retirement community that has seen its population triple in 30 years, stemming the swell of pollution has been more difficult than first thought. But with hundreds of sources contributing to the problem, some say local-government leaders have focused largely on the simpler problems and have demanded more studies rather than tackle the toughest issues now. "For five years, we've tried good science, grant writing, team work, persuasion, cooperation, but nothing has worked fast enough," said Muench. "It's just getting worse." Already, livestock owners increasingly fence cattle and horses to keep waste from entering the Dungeness River and its tributaries. Government officials are buying out a handful of floodplain homeowners with old septic tanks that overflow during heavy rains. Salmon-habitat restoration has returned vegetation to some marshy areas, which helps cleanse waters of dangerous bacteria. But in a region where once-open farmland is rapidly being replaced by parking lots and driveways that speed the transport of contaminants to sea, at least one major cause is no mystery. "It's a this-isn't-rocket-science scenario," said Don Melvin, with the Washington State Department of Health's shellfish program. "Wildlife populations, if anything, have declined. You're not seeing more seabirds than you used to. But you are seeing more people. And a lot more development." At the end of a decaying dock near Graveyard Spit, Don Schleve lifts the lid on a large, bubbling tub to show off the Jamestown S'Klallams' latest commercial venture: crab. "We're still learning," the tribe's oyster-farm manager said, pointing out a few fist-sized Dungeness settled in the icy salt water. Behind him, a series of sticks once used to harvest oysters poke through the muck of low tide like miniature headstones. Five years ago, the tribe paid 15 people to take skiffs out at low tide and harvest 4,000 gallons of oysters a month. During Thanksgiving and Christmas season, the bivalves fetched $9 to $15 a gallon. Recent closures reduced their haul to roughly 2,000 gallons a month, and this winter, from November to January, there will be no oysters. The tribe, instead, will focus on its fledgling crab business, in part to keep their remaining five oyster workers employed. "Oysters are so down," Schleve said, shaking his head in the mist. "It's just sad." It's a tricky position for the tribe. Since it doesn't control the land uses contributing to the pollution, it can only encourage the county to tackle the problems. In many ways, that cooperation has seen success. The tribe has used federal grant money to monitor water quality and pay consultants to determine how pollution travels through the bay. Along the Dungeness River, home to troubled chinook, chum and steelhead runs, county and conservation-district officials are helping a popular tourist attraction - a game farm that's home to zebras and bears and big cats - to control its animal waste. The county recognizes that decaying irrigation ditches may be helping transport bacteria, and has even considered planting mushrooms along the edges to help eat the contaminants. But in a rural county where money's tight and even the appointment of a county planning director is seen by some as a potential threat to property rights - residents will soon begin electing their development director - officials admit they've been reluctant to force changes to homes or developments. The county has "focused a lot so far on animal waste," said Val Streeter, water-quality planner for the county. The county has even talked about using molecular biomarkers to track the bacteria, to determine how much comes from "cows or ducks or humans or horses or what," Streeter said. To Melvin, with the state Department of Health, such moves ultimately may simply delay tough decisions. "At the conclusion of those expensive projects, they're still going to have to get back in their cars, go door to door, and find out where the animal and human sources are, and what to do about them," Melvin said. "It'll leave them right where they started." The county identified 124 septic tanks that may be contributing to the pollution but has thus far been unwilling to even go door to door to find out for certain. "We want to use incentives to try to encourage people to do the right thing," Streeter said. Meanwhile, upstream near Highway 101, a Wal-Mart and a Home Depot/Target retail center, each with mammoth parking lots, have been proposed roughly 1,200 feet from the river. "We need fewer great big driveways, more native vegetation, fewer clipped lawns," said Muench, the tribal natural-resources planner. Craig Welch: 206-464-2093 or cwelch@seattletimes.com Copyright c. 2003 The Seattle Times Company. --------- "RE: Tribes fear Cultural Genocide from Superfund Site" --------- Date: Thu, 18 Sep 2003 08:09:51 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CULTURAL GENOCIDE" http://www.native-voice.com/fullstory.cfm?ID=288 Tribes Fear `Cultural Genocide' from Oklahoma Superfund Site By KELLY KURT September 2003 WYANDOTTE, Okla. (AP) - Paul Barton grew up in the ways of the Seneca- Cayuga, and so he took the snake in the berry patch as a bad sign. "Snake," he warned, as soft and quick as the slither that parted the grass on tribal land along Grand Lake O'the Cherokees, where berries tempted in fat black clumps. Others ate the berries, which Barton's people honor in dance. But he did not, and not because of the snake. "Where is it safe to pick?" he asked, empty-handed in a thicket that scares him because it sits downstream of one of the most contaminated places in America. "This looks great, but the risk factor is high." American Indians living in and near northeast Oklahoma's Tar Creek Superfund Site worry that traditional ways of collecting food, medicine and ceremonial items from the wild could harm them. And yet stopping these cultural practices stirs a deeper fear - the death of who they are. "If (contamination) levels render tribal practices unsafe," says Earl Hatley, an environmental consultant to six of the eight tribes here, "then cultural genocide will occur and tribes will die." In the 20 years since the federal government targeted this former lead and zinc mining region for priority cleanup, the tribes say their concerns have gone largely ignored. Criticism of the government's efforts is not new. About $100 million has been spent so far, but lead in the soil still threatens children, Tar Creek still flows orange with acid mine water, cave-ins go on and open mine shafts remain. About 17 percent of the area's population is American Indian. But the Environmental Protection Agency's past assessments of health risks did not take into account how their lifestyles might expose them to contaminants. Tribal people might be more inclined than the mainstream culture to use plants as medicine, the tribes say, or cook river fish whole. "I wouldn't say someone is out to get the tribes, per se," said Tabitha Worley, the Quapaw Tribe's environmental director. "But by a lack of action, by no one taking notice, by no one working on fixing the problem, I think it leads to that." The EPA says it will work closely with its "tribal partners" as it enters the next cleanup phase, which will address giant mounds of mining waste and mill ponds within Ottawa County. "We will consult with the tribes to ensure our risk assessment is responsive and protective of public health and communities throughout the area," said Cynthia Fanning, a spokeswoman for the Dallas-based EPA office that serves Oklahoma, New Mexico, Texas, Arkansas and Louisiana. But Hatley says that doesn't address lands owned by tribes such as the Wyandotte, Seneca-Cayuga and Eastern Shawnee downstream. "And they're not going to be studying wildlife, plant life and aquatic life throughout the site, downstream and into Grand Lake," he says. A Seneca-Cayuga gathering spot that worries Barton lies along Grand Lake about 17 miles downstream from the Superfund site's epicenter. He points to blackberries and sassafras, poke and wild greens, honeysuckle and buck brush as food, medicine and basket-making supplies. "Come April," he says, "it's not uncommon for everyone to make a comment about (picking) wild onions." Barton lives his days in the "longhouse ways" of his tribe's pre- colonial Iroquois roots, something he explains as a combination of teachings, beliefs, languages and religion. He thanks the Creator when he awakens each day. When he picks blackberries for the berry dance, he talks to them. "It wouldn't be right," he explains, "to take something without asking." As assistant environmental director for the Seneca-Cayuga, Barton also spends part of his time telling tribal members where not to pick, including in this field which sometimes floods with water that has filtered through the old mining area. Just beyond the willows, samples taken by the U.S. Geological Survey last year found lead, cadmium and zinc in lake sediments. The zinc levels exceeded sediment standards for aquatic life. Efforts to keep tribal members from gathering in such areas, however, are not always successful. "People have that frame of mind, `It hasn't killed me yet,"' Barton says. An Oklahoma Department of Environmental Quality study recently confirmed some of the tribes' fears. The agency warned against eating whole fish caught in rivers and ponds in the Superfund site after finding unsafe levels of lead and cadmium in some bottomfeeders. Skinless fish filets were found safe to eat, but some tribal members use a pressure cooker to can and preserve whole fish, including bones. "It's bad news as far as supper tonight," said Janice Wilson, a Quapaw with a freezer full of locally caught catfish. Hatley believes some state and federal officials have been unwilling to consider the tribes' concerns in the past because of the implications for Grand Lake, a prime tourist and fishing destination. The rivers which flow through the Tar Creek Superfund Site drain into the lake, but he believes commercial interests there would prefer to keep any potential environmental problems quiet. "But it's kind of like the canary in the cage," Hatley says. "If it's impacting tribes and their practices, then the dominant society is next." Barton, meanwhile, tries to teach his three children in traditional ways. He says he picks berries but tries to find thickets outside the Tar Creek Superfund Site's watershed. "You couldn't have a berry dance," he says, "without your berries." Sure, he could buy the blackberries and strawberries needed for the dance at the grocery store. But how would he know, he asks, if anyone had talked to them first? Copyright c. 2002 The Native Voice, All Rights Reserved... --------- "RE: Rolling thunder on Pine Ridge" --------- Date: Sat, 6 Sep 2003 22:17:43 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="PINE RIDGE POKER RIDE" http://www.indiancountry.com/?1061387898 Rolling thunder on Pine Ridge Bikers ride the Rez Posted: August 20, 2003 - 9:53am EST by: David Melmer / Indian Country Today Bikes parked in front of Red Cloud Chapel at Red Cloud School. Bikers stopped to rest and view art work and visit the gift shop. The original church was built in 1898 and burned in 1996. (Photos by David Melmer Indian Country Today) PINE RIDGE RESERVATION, S.D. - When an economic boom hits the Black Hills of South Dakota on a yearly basis, why not capture a little piece of the pie for an economically deprived reservation that is only a few miles away? A simple poker ride through some of the most beautiful country in western South Dakota may be the answer, the Pine Ridge Chamber of Commerce contends. Entice bikers, which number nearly 500,000 this year, to spend a day on the reservation with the chance to win some money and ride through the badlands, prairies and green valleys that Pine Ridge has to offer, then stop for a buffalo feed with a mini pow wow. About a 100 people made the trip and, there wasn't a disgruntled biker in the bunch in spite of the 100 degree heat. And as far as economics go, they spent money for water, soda, food, art and craft work along the way. Patty Pourier and Bat Pourier, owners of Big Batt's convenience and food store on Pine Ridge said that business was up this year as bikers passed through on their way to Sturgis, the heart of the rally. She had no actual figures, but it was her perception that numbers were up. When told that it was the largest rally ever, she said it figured. A rider from Virginia, who paid the $25 for the ride with a chance to win $500 on the best poker hand said he didn't mind spending his money that way. "It's a good ride and we have great weather." Great weather meaning, no rain, which it did after the buffalo feed and hampered some of their travels back to Rapid City or other parts of the Black Hills where they were staying. This year's poker ride did not meet the expectations of the Pine Ridge Chamber of Commerce. "It's tough to get the word out. We put posters all over the Black Hills, in Wyoming and Nebraska," said Mark St. Pierre, director of the Pine Ridge Chamber. What the chamber and other businesses on Pine Ridge face is the negative attitude of the surrounding towns and sometimes the entire state of South Dakota including some government agencies about the reservation. St. Pierre said that earlier in the day a bus filled with Italian tourists was told by someone in Chadron, Neb. not to go through the reservation. "There is no basis for that comment," St. Pierre said. The Chamber is searching for ways to detour the bikers off the interstate highway on their way to Sturgis, but it is a struggle. When they ask for directions they are told that I-90 is the route to take, some bikers said. I-90 does not go through any of the nine reservations in South Dakota. But should they take secondary roads, travelers most likely will have to travel through at least one reservation if not more. That's what tribal tourism organizations want, but face an uphill battle to make it happen, officials claim. "That's what this (poker run) is all about. We want to show how beautiful it is here, there are no crowds and they will find exceptional hospitality. "We will have to do some different marketing for next year. Maybe pass out rack cards that people can keep with them as a reminder," St. Pierre said. One positive act of cooperation that took place was a breakthrough in racial understanding. Miskimins Motors of Gordon, Neb. sent a group of people to Kyle, the last stop on the tour, to assist with the food and distribute soft drinks. It was a first, said Sean Hoy, marketing and salesman at Miskimins. He had the idea. "We want to get more involved and this is the first of many functions we will participate in on this reservation," he said. Companies in Nebraska that distribute Coca Cola and Pepsi products also helped with contributions and discount drinks. "How simple this is. It is good to give," Hoy said. He said the company knew it should get involved with events on Pine Ridge, but until the Chamber of Commerce was formed there was no connection. "We want to show our face and that we are willing to get our hands dirty, cut some buffalo, serve some drinks and help make this a great event," he said. As the ride unfolded and the bikers rested at six different locations on the reservation they were treated to history, art, culture and hospitality. At the Wounded Knee stop Gus Yellow Hair said the event was a way to encourage people to come to the reservation and help stimulate the economy. He told the group that because the majority of bikers go to the hills, "which is owned by the Lakota," they decided to start with this ride. Yellow Hair informed the group at the Wounded Knee stop about the poverty on the reservation, which they could see as they rode through. Arts and crafts booths and tables were set up in different places, not just for the bikers, but for the many tourists that travel through the reservation this time of year. "They try to generate some extra income. Our average income is $3,000 per family and that is a way to help get through the winter," he said. It was more than 113 years ago that on the site at Wounded Knee hundreds of women and children were massacred by members of the 7th Cavalry. "Wounded Knee is the end of an era as the Lakota changed to reservation life. The people killed at Wounded Knee were running to save their way of life. "The Oglala Lakota were the most warrior-like of all the Lakota, it was us that put a stop to Custer. And because of that Wounded Knee happened. We are still dealing with that grief." Yellow Hair said. "As you go through our land you will see the poverty. Pray for a better tomorrow. Our people are very friendly. They may be shy, but will open up to you," Yellow Hair said. Some of the bikers were local, they led the group and some American Indian riders came from other parts of the state to support the group. Bikers from Virginia, Connecticut, Massachusetts, Michigan, South Dakota, Minnesota and Florida rode in the second annual Rolling Thunder, Ride the Rez Poker Run on the Pine Ridge Reservation. Copyright c. 2003 Indian Country Today. --------- "RE: 2003-2004 ExxonMobil Alaska Native Master Artists" --------- Date: Wed, 17 Sep 2003 15:06:33 -0800 From: "Sage Yardley" Subj: Press Release: Alaska Native Heritage Center Announces 2003-04 ExxonMobil Master Artists FOR IMMEDIATE RELEASE: Wednesday, September 17, 2003 FOR MORE INFORMATION Sage M. Yardley (907) 330-8059 syardley@alaskanative.net Alaska Native Heritage Center Announces 2003-04 ExxonMobil Master Artists (ANCHORAGE, AK) - The Alaska Native Heritage Center is pleased to announce the ExxonMobil Master Artists (EMMA) for the 2003-2004 workshops. The 2003 - 2004 EMMA workshop artists are: Holly Churchill-Burns, Haida; Jan See, Tlingit; Delores Sloan, Athabascan; Lena Atti, Yup'ik; Larry Ahvakana, Inupiaq and David Boxley, Tsimshian. Each Master Artist will work with high school students, lead a two-week workshop for adults, and give a presentation about their particular art form. "The Alaska Native Heritage Center is pleased to offer the ExxonMobil Master Artists Series for the fifth year. Thanks to the generous and continued support from ExxonMobil, the Heritage Center is able to provide an outlet for sustaining and teaching Alaska Native art," stated Jon Ross, President/CEO. "This is a wonderful opportunity for the Anchorage community and youth to learn from Alaska Native Master Artists who inspire and carry on traditional and modern forms of Alaska Native art." The EMMA classes that will be offered in this series include Southeast Cedar Hats, Inupiaq Mask Carving, Tlingit Sterling Silver Carving, Athabascan Beaded Baby Belt, Yup'ik Grass Socks and Southeast Design. Master artists work with high school students in the afternoon and then conduct workshops for adults in the evenings over a two or three week period. Public presentations will be offered at 2:00pm on a Saturday during the course of each artist's residency. The ExxonMobil Master Artist Series include: EMMA Class #1: Cedar Hats Master Artist: Holly Churchill-Burns, Haida Dates: October 13 - 24, 2003 Cost: $200.00 EMMA Class #2: Silver Jewelry Carving Master Artist: Jan See, Tlingit Dates: November 10 - 21, 2003 Cost: $200.00 EMMA Class #3: Beaded Baby Belt Master Artist: Delores Sloan, Athabascan Dates: January 5 - 23, 2004 Cost: $175.00 EMMA Class #4: Grass Socks Master Artist: Lena Atti, Yup'ik Dates: February 2 - 13, 2004 Cost: $175.00 EMMA Class #5: Inupiaq Wood Carving Master Artist: Larry Ahvakana, Inupiaq Dates: March 8 - 19, 2004 Cost: $175.00 EMMA Class #6: Southeast Design Master Artist: David Boxley, Tsimshian Dates: April 12 - 23, 2004 Cost: $175.00 All classes last two weeks and are from 6:30pm to 9pm, weekdays. Workshops will take place at the Alaska Native Heritage Center, 8800 Heritage Center Drive, Anchorage, Alaska. There is a 10% discount for ANHC Members. Each class size is limited to 10 - 12 people to ensure quality interaction and instruction. To register call the Reservation Hotline at (907) 330-8000. For complete workshop descriptions, artist information and registration information call 330-8000 or visit www.alaskanative.net. -END- The Alaska Native Heritage Center is an independent, nonprofit that is open year-round as a gathering place to celebrate, perpetuate and share Alaska Native cultures; it is a place for all people. It is located at 8800 Heritage Center Drive in northeast Anchorage, just off Muldoon Road North near Bartlett High School. For more information about other events and programs, visit www.alaskanative.net Hear the songs and stories passed down through generations. See the dancers move to the echo of an ancient drum. Touch the work of Native artisans carrying on tradition. Walk the path of yesterday while touring five authentic village sites. Thanks, Sage M. Yardley Public Relations Specialist Alaska Native Heritage Center syardley@alaskanative.net w-907-330-8059 f-907-330-8030 www.alaskanative.net --------- "RE: YELLOW BIRD: Bias may taint Beauty Pageant " --------- Date: Tue, 23 Sep 2003 08:10:19 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NATIVE BEAUTY" http://www.grandforks.com/mld/grandforksherald/news/opinion/6837210.htm DORREEN YELLOW BIRD COLUMN: Pro-city, pro-Ivy League bias may taint pageant I was disappointed that Miss North Dakota or Miss Minnesota didn't win the Miss America contest. I thought it was shortsighted of the judges not even to award them a place in the top 20. I rarely pay attention to beauty contests because there are things about this kind of competition that don't set right with me. I couldn't help but become interested in this contest because two beautiful and intelligent women from our area - Grand Forks and Warren, Minn. - were contestants. Herald Staff Writer Rona Johnson covered the story with so much enthusiasm I was drawn into the contest and followed the story. It seems to me, I told Johnson, that the judges put too much emphasis on whether contestants attended Harvard University and similarly elite schools. Okay, these are Ivy League universities and no one disputes Harvard's history and excellence. But in giving weight to that kind of academic credential, the judges are looking at contestants from a limited point of view. In other words, they don't know North Dakota like we do. They probably think North Dakota is an outback with teepees and sod huts. It's no wonder there never has been a Miss America from North Dakota. Three contestants from Minnesota have been crowned Miss America. Minnesota, in the rest of America's view, escapes the "outback" image thanks to the presence of the Twin Cities. In my view, that helps explain why Minnesota historically has fared better in the Miss America pageant. Why doesn't the contest set right with me? In the past, I have felt (along with a lot of other people) that the pageant puts too much emphasis on the mainstream image of what is beautiful. The contest was short on balance. I'm told that this has changed. There is a stronger emphasis on intelligence and that the women be well-rounded - in culture, that is, not weight. Beauty certainly was in the "eye of the beholder" back in the pageant's earlier years. Mainstream Americans looked for someone who looked like them and fit their idea of what is considered beautiful. But what is beautiful to one person can be unattractive to another. I remember giggling and scoffing as a teenager at some of the traits of non- Native boys that were different than the traits of Native American young men. In the contest's early years, contestants who were black, Hispanic or Native American never won. Today that isn't true. In fact, the newly elected Miss America is black. Several years ago, a Native American women was a contestant. I don't remember her name and since there are few records of nonwinners, her name probably is lost to me. Native Americans have contests like Miss America. They are much smaller in scale, of course, and I'd venture to say the national judges of the Miss America contest would find themselves strangely out of place at the Miss Indian Nations contest. The Miss Indian Nations contestants are judged for their skills in the culture as well as mainstream talents. Their evening gowns are Native outfits of beads and buckskins. Their talent might be throwing a clay pot or weaving a basket. There is no bathing suit contest; the contestants and officials aren't prudish, just modest. The questions asked concern current events and problems of Native people. Judges of the Miss America contest would be fish out of water. Perhaps what we are seeing in the Miss America contest today is that same bias in the eyes or minds of the judges. The judges are unfamiliar with states such as ours. So, if a contestant graduates from UND, the judges - not being familiar with North Dakota and our area - may discount that achievement. They probably think Ivy League institutions are the only good schools. I looked through the lists of this year's finalists and winners from the past. Most of the successful contestants are from large metropolitan areas - areas where there is a lot of political clout. I know I'm whining, but it is hard to believe that our candidates were overlooked. And it's not just the judging. I understand that candidates from cities such as Washington, D. C., and New York City get financial support for clothes, shoes and all the other things that the candidate needs. Our candidates had to buy their own gowns and clothes. Now that I have gotten all that off my chest ... I think the contestants from North Dakota and Minnesota were excellent in representing our region, and they took their loss with class. Congratulations to Megan Torgerson, Miss Minnesota and Sara Schelkoph, Miss North Dakota. We are proud that you represented our states so well. ----- Yellow Bird writes columns. Reach her at 780-1228, (800) 477-6572 ext. 228 or dyellowbird@gfherald.com. Copyright c. 2003 Grand Forks Herald/Grand Forks, ND. --------- "RE: Retaliation alleged in firing of Fund Manager" --------- Date: Thu, 18 Sep 2003 08:09:51 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="WHISTLE BLOWER FIRED" http://www.indianz.com/News/archives/001519.asp Retaliation alleged in firing of trust fund manager Thursday, September 18, 2003 A senior Department of Interior manager who objected to the way the federal government carries out its trust responsibilities was fired this week. Kevin Gambrell served as director of the Farmington Indian Minerals Office (FIMO) in New Mexico since 1996. During that time, he received praise from Navajo landowners, who said he looked after their best interests, increased the return on their trust assets and kept them informed. Gambrell did not always earn the same accolades from his superiors, who launched an investigation into his management of FIMO after placing him on administrative leave with pay in early May. In a confidential report issued a month later, a group of Interior employees accused him of destroying trust records while admitting no information was lost. As a result of the report, the Minerals Management Service (MMS) a month ago said it would fire Gambrell. The termination was made official on Monday on the grounds that he violated policy and failed to follow orders. But supporters in the Navajo Nation say that Gambrell was the victim of retaliation for speaking out on behalf of about 6,000 Navajos who land generates about $8 million in oil and gas royalties every year. "They are using him as scapegoat," said Irvin Chavez, president of the Shii Shi Keyah Allottee Association, an organization of Navajo landowners. "Kevin has always and will continue to speak for the Navajo people out there." Gambrell is also being backed by the Public Employees for Environmental Responsibility (PEER), a national organization. The group yesterday said it would file a complaint with the federal judge overseeing the Indian trust fund lawsuit, charging that the government violated a court order barring retaliation against employees who have contact with the court. "Kevin Gambrell's career difficulties started the moment his phone records showing contact with the [court's] special master were discovered, " said PEER's general counsel Dan Meyer, who is working on an appeal of the termination to the federal Merit Systems Protection Board. In documents filed with the merit board, Gambrell says his conversations with special master Alan Balaran are directly linked to actions his superiors took against him. In the months leading to his suspension in May, he spoke with Balaran about the undervaluation of Navajo lands and other issues. The contacts led to a highly critical report from Balaran, who found that Navajo allottees were not receiving fair market value for their land. Private landowners, and even other tribes, received up to 20 times more from oil and gas companies, the August report said. As part of Balaran's investigation, a Bureau of Indian Affairs appraiser admitted destroying Navajo trust records, but no action was taken against him. The employee was transferred out of the Navajo region and now works in the Pacific Northwest. A similar situation occurred when a Department of Interior inspector general investigation found that MMS auditors falsified data relating to a Navajo audit. One of the auditors was given a cash bonus for "creativity" but no one involved was terminated, unlike Gambrell. FIMO is a unique entity within Interior's bureaucracy, whose trust management duties are divided among different agencies. Designed as a "one-stop" shop for Navajo beneficiaries, it houses employees from BIA, MMS and the Bureau of Land Management (BLM). Gambrell was hired as FIMO's director in 1996 to resolve problems identified by a class action lawsuit that Chavez's organization brought against the government. FIMO records show that Gambrell, through audits and settlements with oil and gas companies, has been able to recover seven times the amount of royalties due to Navajo landowners. Many of the Navajos served by FIMO are are elderly and speak little English. Chavez said they have lost confidence in the office due to Interior's upper-level meddling and treatment of Gambrell. "I think what they are wanting to put in place is more of of the 'yes- sir' people," he said. "Those are people I don't trust." "You need more people like Kevin, who will really work for the customer -- that is us, the Navajo allottees," he added. "Kevin was doing an excellent job. They really dumped on him and that's the sad part of this." Copyright c. 2000-2003 Indianz.Com. ================= Relevant Document: ==================== Kevin Gambrell: Statement of Facts (September 2003) STATEMENT OF FACTS by Kevin Gambrell, Indian Minerals Office, U.S. Department of Interior September 2003 Navajo individual Indian mineral owners, known as the Shi' Shike'yah (roughly translates to, "This is My Land") Allottee Association, filed a lawsuit against the Department of the Interior (Department) in 1983 claiming that the federal government mismanaged their resources. Under court order, the Department was mandated to establish the Farmington Indian Minerals Office (FIMO) in 1992. From the beginning, FIMO consisted of staff from the Bureau of Indian Affairs (BIA), Bureau of Land Management (BLM), and Minerals Management Service (MMS). The Department took the first step to solve the trust management problem, but the office operated with limited authority and was hampered by organizational constraints and in-fighting. Operationally, FIMO primarily focused on allottee walk-in questions, and had no authority to manage the trust assets. Organizationally, FIMO staff took orders from, and reported to, their respective bureaus. Thus, mirroring the bureaus, the staff had few common goals, struggled over turf issues, handed off allottees to other staff based on their bureau functions, and performed little to no asset management work. Clearly, the office failed to become the seamless, efficient and effective office the Department committed to, thus the Shi' Shike'yah Allottee Association requested the court intervene. In 1994, the Department established a National Performance Review Laboratory (NPR) to change the organizational structure and expand the asset management responsibilities. The NPR team emphasized that one supervising director should navigate the staff and the mission, and that the management of allotted lands went beyond answering walk-in questions. The NPR team stated that the best "customer service" would result from proper lease management, and the accurate collection, disbursement, and verification of all royalties due from the severance of minerals. The direction changed, thus creating the FIMO pilot. In November of 1996, the Department hired Kevin Lane Gambrell as the FIMO Pilot Director. Over the next six months, the Department changed the reporting relationship of the FIMO staff from the three bureaus to the FIMO Director. Mr. Gambrell, as the FIMO Director, reported to the Indian Minerals Steering Committee (IMSC) composed of high level government employees representing the three bureaus and the Office of the Special Trustee. Operationally, FIMO acquired delegations of authority from the three bureaus, which allowed Mr. Gambrell to act in the capacity of a BIA Area Office, a BLM District Office, and a MMS Compliance Division. By function FIMO had the responsibility to conduct: - Outreach -- To empower allottees to make prudent decisions about their lands, by providing timely and accurate information - Inspection and Enforcement-- To ensure the prudent development of Indian allotted lands, in accordance with mining regulations and with consideration for Navajo cultural aspects - Royalty Compliance --To make sure royalties and rentals are paid accurately and in a timely manner. - LeaseAdministration --To manage the leasing of lands pertaining to ownership and lessee responsibilities - Account Updating -- To update assists landowners with address and account information updates and provides historical information FIMO became unified, had the authority to act as a trustee, and reported to a high level committee, thus encouraging change and improvement from a Departmental level, rather than bureau by bureau. Although FIMO was better equipped to act as the primary source for fulfilling the trust responsibility, the agencies maintained control over the FIMO Director, continued old practices and engaged in battles with the FIMO Director anytime he questioned their trust management practices. To counter these constraints, during the Pilot phase the FIMO Director found safety in reporting to the District Court, the allottee association, and the IMSC. Mr. Gambrell overcame most of the organizational resistance and turned around a negligent approach to managing mineral assets on Indian lands to providing services that met or exceeded the requirements of a Federal District Court consent decree. After a thorough evaluation of FIMO, it was considered a success and made permanent in October 2001. The Secretary of the Interior gave the green light to the IMSC to implement the FIMO concept throughout Indian country. Once the pilot phase ended, the court reporting requirements stopped, and the Director reported to and took direction from the line managers, the Director lost his shield and became challenged with managing the trust assets under the direction of management that made contrary decisions to maximizing the benefit to the Navajo allottee. At one point, Mr. Gambrell exhausted all efforts in attempting to protect the beneficiaries' interest against his superior's unethical and illegal decisions and decided to communicate with the Special Master who had the responsibility to ensure that information vital to the interests of individual Indians be safeguarded. MMS DIRECTIVES TO DO ILLEGAL AND UNETHICAL METHODS On January 31, 2003, Mr. Gambrell and Arnold Sells, FIMO Lead Auditor, had a manager meeting in Denver regarding audit goals. Mr. Sells and Mr. Gambrell talked with Ms. Bayani and Lonnie Kimball, MMS Audit Manager about dual accounting and Mr. Kimball said that Mr. Gambrell and Mr. Sells are not to document industry discussions regarding the audit method for dual accounting compliance work and use the "bump method". Mr. Sells and Mr. Gambrell questioned the method because it appeared illegal (attachment). On February 27, 2003, Ms. Bayani, Mr. Kimball, Mr. Sells and Mr. Gambrell had a teleconference to discussed the dual accounting methodology for the pre 2000 period. Mr. Sells and Mr. Gambrell explained the Dugan audit and stated that taking reported price could be a problem. Ms. Bayani would not consider the history and continued to push the questionable method. Mr. Gambrell asked about the "Yellow Book Audit" standards. Mr. Kimbal said there was no problem. Mr. Gambrell asked about Negotiated/Settlement process. Ms. Bayani said it was a "Negotiation" and FIMO could bypass the negotiated settlement process. Mr. Kimball reiterated not document industry discussion and to use the "bump method." Mr. Gambrell repeated that this could be a mistake and contacted the Ken Vogel, MMS Office of Enforcement, and Mr. Vogel contradicted Ms. Bayani by stating that using the "bump method" was not legally available and required the negotiated/settlement process. Ms. Bayani ignored this fact and continued to implement her fast track to meet her superior's goals (attachment). DISCLOSURE TO THE SPECIAL MASTER On February 7, 2003 Mr. Gambrell met with the Special Master in Albuquerque, NM and discussed trust violations in the area of right-of- ways and the FIMO office reconnect to DOI computers. The Special Master was interested in Mr. Gambrell's concerns and documents relating to the BIA Navajo Regional Office's right-of-way approval methods on Navajo allotted lands. Mr. Gambrell provided documents and testimony revealing that the Navajo Regional office failed to produce appraisals and consult with Navajo allottees regarding right-of-ways crossing their land, which was a direct violations of 25 CFR 169.12. Mr. Gambrell also provided the Special Master with documentation indicating that he had disagreed with this method and wrote and spoke to the Solicitor, the BIA Navajo Regional Director, and the IMSC over the past six years and nothing was done to change the illegal practices. Mr. Gambrell also mentioned the difficulty in providing services to Navajo allottees with the computers offline. Mr. Gambrell explained that MMS management made the decision to reconnect FIMO under the State and Tribal Audit Compliance (STRAC) plan. The Special Master questioned the reconnect under STRAC when FIMO deals with Individual Indian trust data. He stated that he recently talked with Ms, Gibbs and she never discussed reconnecting FIMO under the STRAC reconnect or even discussed the FIMO office. He stated that the agency people have been known to mislead the court. As result of this meeting, the Special Master contacted the BIA Navajo Regional Office to conduct a thorough review of the right-of-way approval process and contacted his information technology consultants to investigate and question MMS as to why FIMO was being reconnected under STRAC. These two actions and Mr. Gambrell's unique insight into other unethical and illegal acts committed within DOI triggered Mr. Gambrell's superiors to retaliate against him and do what ever was necessary to remove Mr. Gambrell from federal service. Mr. Gambrell was aware of other illegal and unethical actions by his management and would disclose them at a later date. If Mr. Gambrell's disclosure proved to be true, DOI was at risk of being in contempt and sued for failing to manage the Indian beneficiaries' trust assets prudently and legally. Mr. Gambrell had thorough knowledge and would disclose: MMS + Undervaluation of trust assets, + Failure to safeguard trust records, and + A $200,000,000 system not suitable for compliance. BLM + Resource development without consideration for the health of Indian people and culturally protected sites, and + Failure to perform appropriate production accountability. BIA + Mismanagement of individual Indian trust accounts, and + Negligence in enforcing lease terms. AWARENESS OF DISCLOSURE Mr. Gambrell's superiors could have known about my communication with the Special Master as early as February 7, 2003. Mr. Gambrell's employees were aware of his meeting with the Special Master. Several of Mr. Gambrell's staff had open and continuous communication with BIA Regional Office, MMS Denver Office and BLM Field Office. In addition, on February 10, 2003 All Tel Incorporated sent Mr. Gambrell's cell phone bill of itemized calls to MMS and FIMO. FIMO sent a copy of the bill overnight to Ms. Bayani on or about February 11, 2003. The Special Master's calls came in under the 202 D.C. prefix, which is an unusual number on Mr. Gambrell's bill of itemized calls. At that time Ms. Bayani and Ms. Gibbs were scrutinizing all field office activities. Starting in the Fall of 2002, Ms. Bayani and Ms. Gibbs began requiring all chronological files, phone bills, charge card statements, purchase requisitions and weekly reports be sent to them directly. None of these requirement existed before the Fall of 2002 and this level of scrutiny coincided with the Inspector General (IG) draft findings of MMS lacking due professional, misplacing Indian audit files, recreating Indian audit files without notifying the IG, and 10 out of the 14 audits reviewed having major problems (attachment). As such, Ms. Bayani reviewed the stat ement thoroughly every month and MMS employees, including Ms. Bayani's supervisor, had communicated with the Special Master within the past month. Mr. Gambrell's itemized bill revealed the following calls: February 7, 2003 (202) 258-9999 11:58 am 1 minute 12:18 pm 2 minutes 12:40 pm 1 minute February 14, 2003 (202) 452-6900 11:51 am 2 minutes 11:53 am 1 minute 11:54 am 8 minutes 12:09 pm 1 minute March 31, 2003 (202) 258-9999 9:50 am 3 minutes May 2, 2003 (202) 258-9999 11:53 am 3 minutes May 28, 2003 (202) 452-6900 11:25 am 5 minutes On February 14, 2003 the Special Master called Mr. Gambrell on his cell phone and discussed the BIA right-of-way issue and the FIMO reconnect. He reiterated his question regarding individual Indian trust data residing at the FIMO location. Mr. GambrellI said FIMO only has individual Indian trust data. On February 21, 2003 Mr. Gambrell had a teleconference with the Executive Management Group (EMG). The EMG consist of managers from BIA, BLM, and MMS, that have line authority in the area that FIMO provides service. It is a subcommittee of the IMSC. Ms. Bayani talked about the FIMO reconnect. Mr. Gambrell stated that he heard that FIMO could not be reconnected under STRAC and that the Special Master was not aware of the FIMO situation, contrary to what Ms. Gibbs and Ms. Bayani had been stating all along. Ms. Bayani and Ms. Gibbs stated that FIMO was a priority and they were discussing it back in Washington with the Special Master's IT people. On February 26, 2003, Ms. Bayani sent Mr. Gambrell a notice of proposed suspension for events that took place prior to December 21, 2002. There was no apparent reason why Ms. Bayani waited to file the complaints. On March 3, 2003, Glenn Gillett of the Department of Justice, e-mailed Bob Brown, Information Technology person for MMS that, "The SM had some contact from Farmington saying that they were categorized as STRAC for internet connectivity. This allegedly came from Debbie Gibbs" (attachment). This statement correlates with the Special Master's investigation of the FIMO reconnect and the EMG meeting with Ms. Gibbs and Ms. Bayani on February 21, 2003. On March 4, 2003, MMS management discussed the Special Master's concerns with FIMO reconnected under STRAC. MMS management did not tell the Special Master that individual Indian trust data was part of the STRAC reconnect. When MMS management discovered the Special Master was getting contrary and sensitive information that did not come from them, they implied that it came from Mr. Gambrell. Ms. Querques states in an e-mail, "I do hope no one from Farmington called the Special Master directly..." Mr. Smith replies to Ms. Quersques, "It would appear from...that someone in Farmington did call the SM directly ala New Mexico (attachment)..." Mr. Smith's statement about someone calling the Special Master could be substantiated as true with Mr. Gambrell's phone bill. Ms. Bayani and Ms. Gibbs were copied throughout the e-mails and were aware of the itemized phone calls on Mr. Gambrell's bill. MMS Management statements appeared contrary to the Special Master's Order issued on February 8, 2001 that indicated "all employees may communicate directly with the Special Master concerning any IIM records- related matter in complete confidence without fear of reprisal (attachment)." On March 7, 2003, during the monthly teleconference with the EMG, the BIA Regional Director, Ms. Chicharello stated that the Special Master was in Gallup, New Mexico looking at FIMO issues and would visit FIMO. Mr. Gambrell welcomed his visit. Also during this meeting, Ms. Bayani stated the FIMO computers could not be connected under STRAC because of individual Indian trust data. Mr. Gambrell pointed out that the MMS Oklahoma office had individual Indian trust data on its system and was on-line. Ms. Bayani replied that she would look into this issue. Presently, the MMS Oklahoma office is on-line with individual Indian trust data residing on their machines. On or about March 17, 2003, Ms. Bayani contacted Mr. Gambrell's office and stated that one of his employees said he destroyed lease reviews. Mr. Gambrell asked Ms. Bayani to show the document where the employee said this and she provided nothing. Mr. Gambrell asked Allan Mai, who had been discussing lease reviews with Gary Fields, MMS Denver, if he said he destroyed trust records and he said he did not. Mr. Gambrell asked Mr. Mai to locate the lease reviews and file them according to his instructions. Mr. Mai gathered the documents and filed them on March 19, 2003. On or about March 20, 2003, Mr. Gambrell contacted Ms. Bayani and explained that Mr. Mai had gathered the lease reviews and filed them appropriately. Ms. Bayani asked if Mr. Gambrell reconstructed them and he said no. During the week of March 26, 2003, Mr. Joe Little of the Office of Trust Records called Mr. Gambrell and said he and others would come out and review FIMO records. Mr. Gambrell told Mr. Little that he would be gone the entire month, but feel free to go through the records and he would appreciate any recommendations. Also during that week, Mr. Gambrell got together with his staff and asked them to prepare our records to be reviewed and shred extra copies used for referencing that could be reproduced from the system, as long as they were not modified or used in a findings that resulted in any action. Mr. Gambrell read to his staff the National Archives Records Administration manual stating that screen copies and extra copies used for reference were not records. These documents consisted of check registers, Financial Distribution Reports (FDR), old new papers, and old address generated off the system. Mr. Gambrell supervised the effort very closely. Mr. Gambrell suspected these allegations were retaliatory and contacted MMS employees in Denver and found that they destroyed copies on a daily basis. Mr. Gambell contacted Linda Bannick, an MMS Denver employee, and asked her to pull some documents out of a trash bin near Ms. Bayani's office and fax them to his office. Ms. Bannick pulled what appeared to be original Black Feet allottee royalty documents with annotations on them and faxed the copies to FIMO on April 29, 2003. Several MMS employees witnessed Ms. Bannick pull these document from the trash bin (attachment). On March 28, 2003, the Special Master called Mr. Gambrell and asked me if he had destroyed trust records. Mr. Gambrell said no they had destroyed copies. Mr. Balaran said thank you and the conversation ended. The investigation team came out and interviewed the staff the first week in April. Two weeks later another team came out and interviewed the staff again. During the interview, several of Mr. Gambrell's staff stated that the interview team asked about Mr. Gambrell contact with the Special Master (attachment Final Report and interviews). During the second week in April, Ms. Bayani visited the FIMO office for several days and sat in Mr. Gambrell's office interviewing FIMO staff and reviewing Mr. Gambrell's documents. This was an unusual visit since Ms. Bayani had only visited FIMO once in the two years she managed Mr. Gambrell and stayed for less than a full day. According to Mr. Gambrell's staff, Ms. Bayani asked questions about Mr. Gambrell's actions and management style. On April 26, 2003, Mr. Blackard spoke with Mr. Gambrell and said he was no longer the Acting Director of FIMO and Steve Henke, BLM Field Manager, was in charge until May 5, 2003. At that time Mary Lou Drywater, BLM New Mexico State, would be the Acting Director under a 120 day detail. Mr. Blackard stated that Ms. Drywater stated that she was offered a permanent position as the Director of FIMO, but declined because Oklahoma was home to her and cost living was too high in Farmington (attachment). On April 29, 2003, Leona Begay and Mr. Gambrell met for lunch. Ms. Begay told Mr. Gambrell that Ms. Christina Ashley, FIMO Realty Specialist, spoke with Mary Lou Drywater at the Gathering of the Nations in Albuquerque, NM and Mary Lou Drywater stated that BIA and MMS offered her a permanent job as the FIMO Director (attachment). On April 29, 2003, Ms. Bayani contacted Mr. Gambrell at home while he was stillI on medical leave. Ms. Bayani called to ask if he could interview with the investigation team the next day and Mr. Gambrell said he would have to talk with his therapist. Ms. Bayani said that once Mr. Gambrell interviewed with the team, he would no longer be on leave and emphasized the convenience it would be for the team if they could meet with him the next day, thus preventing them from having to return the next week. Mr. Gambrell said he could not give her an answer until the morning. Ms Bayani then stated that she noticed Mr. Gambrell was in his office during the weekend. Mr. Gambrell said he stopped by to check my his mail. Ms. Bayani said that Mr. Gambrell was not to enter the office during his medical leave. Mr. Gambrell was confused by this remark, because he had no directive stating his entry into the building was an issue. Ms. Bayani emphasized three times that it was a directive (attachment). On May 7, 2003, Mr. Gambrell met Ms. Drywater for lunch. Mr. Gambrell asked Ms. Drywater if she had been offered a permanent position as the FIMO Director. Ms. Drywater stated Ms. Chicharello and MMS offered Ms. Drywater a permanent job as the Director of FIMO. Ms. Drywater said she asked Ms. Chicharello what would happen to Mr. Gambrell and Ms. Chicharello said she didn't care. Ms. Drywater said she turned the offer down because she was comfortable at home in Oklahoma and the cost of living was higher in New Mexico (attachment). In an affidavit signed on June 6, 2003, Mr Mai stated, "I, Allan Mai, talked with Mary Lou Drywater on May 7, 2003 and asked if she was going to get a promotion and get the FIMO director job. She said no she was on a 120 day detail and she turned down the offer from the Navajo Regional Director and MMS. She said she wanted to stay in Oklahoma - her home (attachment)." On May 5, 2003, Mr. Gambrell returned to work and was immediately placed on administrative leave without reason (attachment). Mr. Gambrell's legal counsel contacted Ms. Bayani on May 7, 2003 and asked for the reasons and Ms. Bayani provided no reasons (attachment). Mr. Gambrell's attorney then contacted the Solicitor of the Southwest Regional Solicitor's Office and the Solicitor stated that it had to do with allegation of trust records being destroyed. On May 9, 2003, the interview met with Mr. Gambrell and the meeting lasted about an hour. Mr. Gambrell's legal counsel was not allowed to participate and Mr. Gambrell attorney sent a letter to Ms. Bayani stating that because Mr. Gambrell was not allowed legal counsel during the interview that he assumed this interview to be no part of any pending or contemplated adverse personnel action against Mr. Gambrell, and will not be used in any, shape or form in any such disciplinary proceeding in the future (attachment). Mr. Gambrell reported that everybody was casual, and everytime they referred to records and Mr. Gambrell explained that he and his staff did not destroy records, but rather copies used for reference. Gary Keefer, of MMS Office of Enforcement asked if Mr. Gambrell had talked with Special Master about this issue and Mr. Gambrell said yes. Mr. Keefer asked what Mr. Gambrell had said, and Mr. Gambrell replied that the Special Master called and asked what records had Mr. Gambrell destroyed and he said he destroyed copies and the Special Master said thank you. Mr. Keefer stated, "So the Special Master agreed with what you destroyed." Mr. Gambrell replied, "That is your assumption, all he said was thankyou (attachment)." Mr. Gambrell was surprised they were asking about his discussions with Special Master when n Order was sent out February 8, 2001 stating that employee could talk with the Special Master in complete confidence and without fear of reprisal. Also on May 9, 2003, Leona Begay, Program Assistant FIMO, contacted Mr. Gambrell around noon and said the investigation team asked when Mr. GambrelI had met and talked with the Special Master. They were particularly curious about Mr. Gambrell's February meeting in Albuquerque, NM (attachment). On May 12 through 17, 2003, Mr. Gambrell was placed on suspension. Ms. Gibbs upheld all of Ms. Bayani's charges except for the charge where Mr. Gambrell had a witness that was outside of Ms. Bayani's and Ms. Gibb's direct management control. On May 13, 2003, Mr. Gambell sent the Special Master a report on "Dual Accounting" and discussed mismanagement, under-collection, and retaliation (attachment). On May 21, 2003, Mr. Gambrell sent a similar report to the IG and OSC (attachment). On May 22, 2003, Ms. Drywater contacted Mr. Gambrell and asked that he come to the FIMO office that afternoon, review the interview record in front of her, make the appropriate changes, and sign the events took place. Mr. Gambrell said that three or four hours was not enough time to review such a document and asked to take it home and review it over a 24 hour period. Mr. Gambrell talked with his staff and they said they were given the interview record the third week of April, but did not have to finalize the changes until the end of May. Mr. Gambrell asked Ms. Drywater why management gave him only a four hour period with a manager physically watching me, while they allowed Mr. Gambrell's employees more than a month, with no monitoring to make changes and review a document used for the same purpose. The Solicitor and MMS extended the review time and allowed Mr. Gambrell to take the document home. On June 2, 2003, Mr. Gambrell responded to the interview notes and found them to be misleading and incorrectly documented (attachment). On June 10, 2003, MMS and the investigation put their final report out stating that Mr. Gambrell destroyed trust records. Mr. Gambrell is never given a copy of the report until he is served his Notice of Proposed Removal in August. Lucy Querques Dennett and Johnnie Burton were given the final report and Ms. Querques said she would take the appropriate next step (attachment). On July 26, 2003, Mr. Gambrell rebuts the Report of Administrative Investigation Alleged Records Destruction at the Federal Indian Minerals Office. In summary, he states that he never destroyed trust record, but rather extra copies used for referencing. Mr. Gambrell quotes the records management requirements from the agencies and DOI which state that extra copies used for referencing are non-record material (attachment). On July 31, 2003, Ms. Bayani sent Mr. Gambrell the Notice of Proposed Removal for (1) destruction of documents containing Indian trust data, (2) failure to obtain DOI legal counsel in the negotiation and execution of settlement agreements for Indian leases, (3) signing settlement agreements without authority, (4) conduct unbecoming of a federal supervisor, and (5) failure to follow records management requirements (attachment). On August 8, 2003, Mr. Gambrell replies to the Notice of Proposed Removal action and upon full review of the allegations contest all charges and appeals Ms. Bayani's decision to remove him from his position as the Director of the Federal Indian Minerals Office (attachment). OTHER EVENTS From about December 2002 to present, Mr. Gambrell sought counseling to deal with the stress through the Employee Assistance Program. During his sessions, he expressed concerns surrounding work events, explained that he would eventually have to blow the whistle, and was currently talking with the Special Master. Because of Mr. Gambrell's condition of stress and anxiety, On March 10, 2003 Mr. Gambrell's counselor and Family Practitioner prescribed medical leave from April 1 to April 30, 2003 (attachment). Mr. Gambrell e-mailed Ms. Bayani and Ms. Gibbs on March 11, 2003 notifying them that he was instructed to take medical leave (attachment). Leona Begay, my Program Assistant, over knighted the leave request on March 11, 2003 (attachment). On March 26, 2003, Ms. Bayani e-mailed Mr. Gambrell, denying his leave one day before it commenced because there was not enough information (attachment). Ms. Bayani said she could not find the leave slip and after looking found the document. Mr. Gambrell faxed a copy of Dr. Johnson's detailed prognosis (attachment) and Ms. Bayani approved Mr. Gambrell's leave. During the month of March, Mr. Gambrell had conversations with his employees explaining that he would contact the whistle blower because of the unethical demands he was asked to do and that I would be on medical leave for the month April. He advised his staff not to do anything that would damage the beneficiary. COMPARATIVE TREATMENT FOR THE SAME ISSUES I find the investigation action of six investigators meeting with my employees on four different occasions particularly severe when considering that this is an allegation. I also find this to be unfair treatment when it is well known within MMS that Ralph Johnson, an MMS employee, allegedly destroyed trust records during the MMS move to the renovated building 85, last year. Connie Bartram, his supervisor, gave Mr. Johnson only a verbal reprimand. Anson Baker destroys trust records used for appraisal and admits this to the Special Master. Management does not put him administrative leave with pay. Employees that lost Indian audit files were not removed from Federal service and employee's award for recreating files was never revoked. The actions of Mr. Gambrell's superiors are inconsistent with personnel policy: - 1. Placing him on administrative leave for an allegation without documented cause, - 2. Offering his position to another federal employee, and - 3. questioning him on his communication with the SM. ----- Public Employees for Environmental Responsibility (PEER) is a national alliance of local, state and federal resource professionals, working to protect the environment. PEER . 2001 S Street, NW . Suite 570 . Washington DC . 20009 Tel:(202) 265-7337 . Fax (202) 265-4192 . info@peer.org --------- "RE: Some Metis granted full Native Rights" --------- Date: Sat, 20 Sep 2003 08:09:51 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="METIS RIGHTS" http://www.rapidcityjournal.com/2003/09/19/build/world/70-canadametis.php Canadian Supreme Court rules some mixed-blood Metis have full native rights in Canada Associated Press TORONTO - Canada's Supreme Court ruled Friday that mixed-blood descendants of French settlers and Indians who can show a direct link to their historical community have the same broad hunting rights as so-called full-status Indians. The 9-0 ruling gives at least some of the 300,000 Metis legal recognition as a native group for the first time. "We won. We won," said Audrey Poitras of the Metis National Council at a news conference, where she called for the Canadian government to start negotiating with the Metis on tribal rights for the group. "The only reason we are here today is because parliamentarians have ignored and ducked their responsibilities." Recognized full-status Indian bands, or tribes, have special rights in Canada, including tax breaks, extra government services and broad rights to hunt without license and out of season on designated land. Bruce Ryder, a constitutional expert at York University's Osgoode Hall Law School, called Friday's decision a historic signal from the Supreme Court that the Canadian government has to negotiate rights for the Metis. "It is the first time the Supreme Court has recognized and defined their rights in the constitution," Ryder said, noting the specific case dealt with harvesting rights but has broader implications. "There's a strong affirmation of the rights of the Metis people to be recognized." The case decided Friday involved Steve Powley, who was arrested with his son in 1993 for hunting without a license. They argued in court. Copyright c. 2002 Associated Press. All rights reserved. Copyright c. 2003 The Rapid City Journal. --------- "RE: The Haida don't let go easily" --------- Date: Wed, 17 Sep 2003 08:52:14 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HAIDA LAND" http://www.owlstar.com/dailyheadlines.htm http://www.theglobeandmail.com/~/20030909/COHAIDA09/Comment/Idx The Haida don't let go easily The B.C. government is trying to climb past a first nation's claim to the Queen Charlottes. A bad move, says former Yukon premier. By TONY PENIKETT, former Yukon Premier Tuesday, September 9, 2003 - Page A21 Last week, British Columbia's Attorney-General, Geoff Plant, boldly offered the Haida Nation control over 20 per cent of the Queen Charlotte Islands. B.C.'s government has "been looking for a way to kick-start the [treaty] process," Mr. Plant said. Because he sought to marginalize the Haida, Mr. Plant may have expected -- even wanted -- the Haida to reject it, which they did. If so, the 20-per-cent offer was a clever move, perhaps even too clever. It may have been good politics but it was bad public policy. In the B.C. treaty process, the federal and provincial government are 50/50 partners and jointly present offers to first nations. Ottawa puts up the money and Victoria provides the land. They base their joint offers on a per capita land/money formula. So, without Ottawa signing on, can Victoria's 20-per-cent really be considered a serious treaty offer? The treaty process began with former premier Mike Harcourt inviting first nations to select as much as 5 per cent of the their traditional lands in British Columbia . In 1999, the Nisga'a settled for 8 per cent of their traditional territory. B.C.'s solo offer of 20-per-cent ups the ante so dramatically, it suggests that its intended audience was the judiciary, not the Haida Nation. Last year, the Haida won an important case at the B.C. Court of Appeal. At issue was the renewal of a provincial tree-farm license (TFL) held by Weyerhauser Canada Ltd. in the Haida homeland, the Queen Charlotte Islands. The court found that both Victoria and Weyerhauser had a legal duty to consult and find a "workable accommodation" with the Haida. The province chose to appeal the case to the Supreme Court of Canada. The Haida responded by filing a suit claiming aboriginal title to the Charlottes. Of all the potential aboriginal title cases in British Columbia, the Haida claim is the one the province fears most. The Haida lands are not covered by any "overlapping claims" from other first nations. The Haida have always had articulate and forceful leaders. Thanks to artists such as Bill Reid, Haida culture enjoys widespread respect. Lawyers also consider it remarkable that, in the TFL case, the appeal court actually commented on the strength of the Haida aboriginal title claims. But the case will not be a slam dunk. It may not come to trial before 2005 and could cost millions. The court might then consider the province's 20-per-cent offer a "workable accommodation." Although no court has yet recognized any B.C. first nation's aboriginal title, the Haida also claimed title to the territorial seas around the islands they call Haida Gwaii. The province views this suit as an attempt to frustrate their ambition to open those seas to oil exploration. The Haida see it as an effort to protect the waters they have fished for food and traversed by cedar canoe for centuries. While inner members of the B.C. government may not have believed their 20-per-cent offer would persuade the Haida to put their title case on hold, they certainly hoped to weaken it. The province feels pressured by the forest industry whose efforts to extensively log the area are being blocked by a coalition of Haida chiefs, environmentalists and local loggers. From the Haida perspective, both the province and the forest industry have harvested millions of dollars from their lands and left little in return. Because they believe so strongly in their continued ownership of Haida Gwaii, the Haida have never been much interested in a 5-per-cent land- selection treaty. Instead, in discussions with Victoria and Ottawa, they have consistently sought to negotiate arrangements that would see them jointly manage the Charlottes with the two other levels of government. They are currently pursuing such arrangements in land-use planning, forest management and the fishery. Guujaaw, president of the Council of the Haida Nation, has a vision of one day assembling all these agreements into a treaty based on aboriginal title. To his credit, Mr. Plant has been willing to consider co-management agreements with first nations -- something the previous NDP government declined to do. Recognizing that his rigid referendum position would get him no treaties, Mr. Plant has also moderated his self-government policy - - but not enough to get within listening distance of Guujaaw's call for co-jurisdiction. Guujaaw has requested exploratory talks with both Ottawa and Victoria, but the province has turned a deaf ear. A growing number of B.C. first nations are becoming interested in co- jurisdiction alternatives to the land-selection model. However, the B.C. treaty process does not yet permit treaty negotiations of anything other than the federal/provincial land/money formulas -- a problem Mr. Plant's 20-per-cent offer ignores. Besides, Mr. Plant's formula may well have serious implications for the B.C. treaty process. Ottawa can hardly be expected to share the costs of an offer they had no part in writing. And B.C. first nations, especially those that recently signed agreements-in-principle for far less land, will ask, "Why should any first nation accept anything less than the Haida offer?" It's not yet clear if Geoff Plant can persuade the courts that he is negotiating in good faith with the Haida, people he calls "particularly obstructionist." But, in bypassing the formal treaty process, and by talking over Haida heads to the courts, Mr. Plant may just have been too clever by half. Tony Penikett, a former Yukon premier, works on treaty issues for the Walter & Duncan Gordon Foundation and West Coast Environmental Law. Copyright c. 2003 Bell Globemedia Interactive Inc. All Rights Reserved. --------- "RE: Foes attack Tory secrecy on Ipperwash" --------- Date: Tue, 23 Sep 2003 08:10:19 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="IPPERWASH SECRECY" http://www.owlstar.com/dailyheadlines.htm http://www.theglobeandmail.com/~/20030922///?query=aboriginal&disp=e&end Foes attack Tory secrecy on Ipperwash By RICHARD MACKIE AND GRAEME SMITH September 22, 2003 A Liberal government would eliminate the government secrecy that has prevented the public from learning vital details about the shooting death of a native protester at Ipperwash Provincial Park, Liberal Leader Dalton McGuinty said yesterday. New Democratic Party Leader Howard Hampton said revelations in the past week about the roles played by cabinet ministers in the confrontation between police and protesters should be reviewed by voters before they decide whether to entrust government to the Progressive Conservatives again. The new evidence raises questions about whether former premier Mike Harris was "trying to politically influence the police, which is just completely improper in our system of justice," Mr. Hampton said in an interview. He was referring to affidavits that were filed on Wednesday with the Ontario Superior Court. They state that hours before Dudley George was shot dead by a police sniper during a protest at the park, Mr. Harris told cabinet colleagues that he was personally in charge of the police operation. It took until last week for the information to become public because of repeated delays in processing freedom-of-information requests, caused by the Tory government's ability to stall release of the details of the confrontation between the protesters and the Ontario Provincial Police at Ipperwash eight years ago. Mr. McGuinty said such delays are unacceptable. "Any government that gets in the way of providing basic information to the people is not fulfilling its responsibility," he said after a campaign meeting in the Toronto riding of Don Valley East. He reaffirmed his party's commitment to establish an independent public inquiry into the still controversial events at Ipperwash. "That is the very least that we owe to the Dudley George family, whose interests have been set aside for a long time now," Mr. McGuinty said. "It's also something that we owe the people of Ontario. What exactly happened? And what do we have to do to ensure that it doesn't happen again?" Mr. Hampton said there is "supposed to be a firewall between the political leaders and police decision-making. If there's an indication of political influence here, then you have the potential that the criminal justice system is tainted," said Mr. Hampton, who is a former attorney- general. "That cannot be in our kind of democracy. It's one of the fundamentals. And that is what is at stake here," he added. The affidavits are part of a lawsuit launched 7 years ago by several members of the George family against Mr. Harris, three other cabinet ministers at the time and other government officials. They have not been proved or tested at trial. The documents were filed in court in an attempt to rebuff a bid by Public Security Minister Bob Runciman, one of the defendants, to win a new delay in the case until after the provincial election on Oct. 2. Mr. Runciman's bid was successful, and a court decision on Friday further delayed the trial. The allegation that Mr. Harris believed he was in command stems from new information, supplied by lawyers for Mr. George's family, that is described as a "correction" of pretrial evidence given two years ago by the police inspector who headed the Ipperwash police unit. Mr. Harris's alleged belief that ultimate authority rested with him appears to contradict his repeated insistence that he had no hand in directing or influencing the police that day. However, a lawyer for some other defendants disputes this interpretation of Mr. Harris's mindset. Mr. Hampton criticized Mr. Runciman's bid to delay the case. "The attempt at delay is just another in a long line of attempts to stop or to delay or to manipulate the trial so that the public doesn't learn the truth," he said. Mr. Eves denied yesterday that the government has a special system for handling information requests about sensitive topics such as Ipperwash. "There aren't really two different tracks," Mr. Eves said. "The other track that some people are referring to as a different track is really a heads-up that is given to the ministry and the minister in that particular ministry, so that they will know that they have a civil servant within their ministry who is proposing to respond to a question under the Freedom of Information act on such-and-such a date." Copyright c. 2003 Bell Globemedia Interactive Inc. All Rights Reserved. --------- "RE: Alaska: Rule of Self-Law" --------- Date: Tue, 23 Sep 2003 08:10:19 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TRADITIONAL COURTS" http://www.owlstar.com/dailyheadlines.htm http://www.adn.com/alaska/story/3986908p-4008482c.html Rule of self-law Tribal courts tackle cases with traditional values By JOEL GAY Anchorage Daily News September 23, 2003 In Emmonak, the tribal court is helping juvenile delinquents get back on their feet after jail. The Sitka court wants to protect tribal members from domestic violence. On Nunivak Island, the people of Mekoryuk hope their tribal court can stem the flow of illegal alcohol in ways the state system cannot. The tribal courts of Alaska vary in a hundred ways, from the number of judges to their lists of ordinances. What they have in common is an interest in handling minor legal disputes by themselves, in their own language and using their own customs. But about 50 tribal judges and clerks enrolled in a three-day training session in Anchorage this week also learned they have a few things in common with the supreme courts of Alaska and the United States. The right of due process, for one. "I want to drive that point home," attorney Cindy Thomas told the court trainees several times Monday at the Hotel Captain Cook. Whether they're judges in Sleetmute or San Francisco, Thomas said, they must respect due process or expect their decisions to come undone. Legal terms flew so thick and fast Monday that the training sponsor, the Alaska Inter-Tribal Council, handed out a two-page glossary. It's not that judicial systems are foreign to Alaska Natives, said trainer and attorney Andy Harrington, of Alaska Legal Services. They've had local justice systems for hundreds or thousands of years. But now that the traditional courts are interacting with state and federal systems, learning the new vocabulary and following the rules are essential, he said. "In the long run we're all striving for justice," he told the trainees. "I think tribal courts are as or more capable of administering justice as the state is." Alaska trib al courts operate in a relatively limited realm, circumscribed by acts of Congress and dozens of state and federal court decisions, Harrington explained. The courts handle civil cases that involve tribal members or children eligible to join the tribe. Because tribal members are also Alaska residents, tribal cases can be heard in state court if one side requests it. Many tribal courts further limit themselves to child custody issues, such as deciding adoption plans or foster home placements for Native children. Even they must adhere to the constitutional guarantees of due process, Harrington said. That means giving advance notice to each parent that a child placement hearing is scheduled, and giving them a chance to speak. It means providing a fair, impartial panel, even though everyone in a village may be related, and keeping good records. The trainees came with questions. If the father is gone, does the court still have to provide notice? Yes, Harrington said, just post it at the community bulletin board. What if a girl wants to put a baby up for adoption and the father is a local married man who doesn't want to be identified? Contact him discreetly, Harrington suggested. Much as the U.S. and Alaska constitutions provide the framework for federal and state laws, tribal courts are governed by the Indian Civil Rights Act of 1968. It gives tribe members the freedoms inherent in the Bill of Rights, such as freedom of speech, religion and assembly. Tribes should have their own constitution and ordinances, Harrington said. But they can supplement their written laws with customs and traditions handed down from previous generations. "You're blending customs and ordinances," he said. "You decide how to knit them together." That's happening in many communities, including Emmonak, a village of about 600 on the Bering Sea coast. The tribal elders group formed in 1999 to handle juvenile justice cases but is based on a system much older, tribal liaison Herman Hootch said. It stems from traditional values and the idea of keeping troubled kids close to home. Now when an Emmonak juvenile gets into serious trouble, the tribal court offers two options: take your chances in state court in Bethel "or come and get guidance and direction in the traditional ways," Hootch said. The program seems to be working, he said. Juvenile delinquency is dropping, and parents are happy their kids are staying in Emmonak rather than going to juvenile detention far from home. The Bristol Bay village of Togiak has also adopted a tribal court program to keep its kids from leaving, chief judge Posen Alexie said. His court gives juvenile delinquents three chances to shape up before they're sent off into the state system. "Our ancestors had laws, and that's what we follow," Alexie said. The court talks with the kids in hopes they'll listen more attentively to the judges than to their own parents, he said. The village of Mekoryuk has been hoping to establish a tribal court for years but didn't have enough money for training until recently. The tribe has appointed several judges to start hearing cases as soon as possible, tribal administrator Hultman Kiokun said. "Curfew, speeding, trespass -- the tribal council is learning that state law does not work in small villages," Kiokun said. "We need to set up a court system to where we can apply our traditional laws to our (tribal) membership." The village hopes to use its tribal judges to issue search warrants for illegal alcohol and drugs and to tackle other issues the state-funded village public safety officer program can't or won't, he said. "There's a feeling of helplessness that everyone is turning their backs on us." Mekoryuk's dream could be stymied by Sen. Ted Stevens' proposal to pull federal funding for tribal courts and give it to the state for more magistrates and VPSOs. Stevens' plan has met strong resistance from tribal court advocates, including groups involved in training tribal judges such as this week's training sponsor, the AITC, and was a topic of hallway discussion on Monday. AITC executive director Donna Goldsmith said tribal courts meet a need in rural Alaska and benefit the state by providing legal aid at little expense. But the courts have even broader benefits, she said. "It goes to the health and welfare of the communities," Goldsmith said. Tribal courts "grapple with domestic violence, abuse, neglect (and) alcohol because it's essential they heal their own communities." The training session continues today and Wednesday at the Hotel Captain Cook. Daily News reporter Joel Gay can be reached at jgay@adn.com or at 257-4310. Copyright c. 2003 The Anchorage Daily News. --------- "RE: Father of dead Lakota Soldier visits West Point" --------- Date: Tue, 23 Sep 2003 08:10:19 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TWO CROW'S DEATH STILL A MYSTERY" http://www.indianz.com/News/ http://www.recordonline.com/archive/2003/09/22/bmtwocro.htm Unanswered questions haunt Alan Two-Crow's father By Ben Montgomery Times Herald-Record bmontgomery@th-record.com West Point - A dirty white Ford van with South Dakota plates pulled onto base here yesterday, 1,762 miles from the Cheyenne River Sioux Reservation. Behind the wheel was Don Two-Crow, a worn looking man in blue jeans, a camouflage jacket and thick eye glasses held together by duct tape. His black pony tail hung below a beret. He and his friends came all this way in a van that needs a tuneup to say a prayer for his son, Sgt. Alan Two-Crow, who was found dead a year ago in a rocky swatch of woods a hundred steps away from a West Point apartment complex. Even with all the prayers, Don Two-Crow still chews questions. When he's in bed at night, when he's praying in the sweat lodge and when he's driving, they eat at him: Why did three civilians discover Alan Two-Crow's remains after a few hours of searching, when the Army couldn't in 67 days? What were the circumstances behind his broken neck? Was it an accidental fall, like Army forensics determined, or something evil? And why was he missing a front tooth? "There's a lot of questions we're still asking," the father said with the cadence of his mother tongue. Those questions were on his mind yesterday as he led a group of friends and relatives down a jagged slope to the spot where his son was found. Two American Indian funeral garments from a previous memorial were tied around a tree trunk. Wind chimes dangled in a skinny tree. "This is where," Two-Crow said, with a ceremonial warrior's staff in his hand, "his body was found." They lit sweet grass and inhaled the smoke and passed it under a pipe, then lit the pipe and passed it around a small circle. On top of a bluff, an Indian named Darwin pounded a drum and filled the hillside with a choppy dirge. Two-Crow held his son's eagle feathers, which the Army passed to him before the descent. That was the other reason he had come. Alan Two-Crow was given the feathers years ago, when he accepted his Indian name, Cannapa Ognaka Omani, one of the tribe's elders said. Retrieving the feathers made his father happy. More closure, perhaps, for a man with open wounds. "This whole year was hard on me," Two-Crow said. "I would spend nights in the sweat lodge, praying for the truth to come out." The Army's investigation showed that Two-Crow's accidental death resulted from a twisted neck seconds after he fell down a steep embankment early July 14, 2002. The family hired its own pathologist, who agreed with the military autopsy. But a year after he was found, his father is still dazed by mystery. The ceremony was short. A tribal elder offered a Christian prayer for healing. Two of the civilians who found Alan Two-Crow's remains, laid a wreath beside some rocks. Don Two-Crow spoke of how his son was a role model for the kids on the reservation, how he was a lifeguard and basketball player and a good student. How he used to tell his son, "Blehecha," which means, "Be strong." He promised not to quit searching for answers. "I'll still be in that sweat lodge," he said, "praying for the truth." Copyright c. 2003 Times Herald-Record, Middletown, NY Orange County Publications. All rights reserved. --------- "RE: Pokagon Buildings destroyed in Suspicious Blazes" --------- Date: Wed, 17 Sep 2003 08:52:14 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TRIBAL BUILDINGS" http://www.indianz.com/News/ http://www.southbendtribune.com/stories/2003/09/16/~ Blazes strike Pokagon tribal buildings By LOU MUMFORD Tribune Staff Writer September 16, 2003 DOWAGIAC - Investigation is continuing into two fires Saturday that destroyed an administration building and maintenance building owned by the Pokagon Band of Potawatomi Indians. Indian Lake Fire Chief Bob Jones said Monday the origin of the fires is suspicious. The two buildings are about an eighth of a mile apart, indicating it's unlikely the fire spread from one building to the other. Tribal chairman John Miller said no staff members were at the properties in the 58000 block of Sink Road when the fires started about 7 a.m. EDT. No injuries were reported in the fires at the band's Rodgers Lake site in Cass County's Pokagon Township, and there was no loss estimate yet Monday, officials said. Due to the possibility of arson, the investigation has been turned over to the Michigan State Police's fire marshal division. A state investigator was at the scene Saturday and Sunday, Jones said. Despite the fires, Miller said the staff showed up for work as usual Monday, setting up temporary offices in a separate building that houses the tribal lodge. "The buildings and most of what was inside is lost," he said, "but we have computer backups and backup copies of records at a separate location, so we have all the paperwork we need to keep the business of the tribe running." The tribe hopes to retrieve much of the information, said H.T. "Tim" Fenberbosch, tribal operations officer. Indian Lake and Sister Lakes firefighters fought the blaze, with assistance from the Pokagon and Howard township fire departments. Staff writer Lou Mumford: lmumford@sbtinfo.com (269) 687-7002 Copyright c. 1994-2003 South Bend Tribune. --------- "RE: Aquash Family disappointed with Trial delay" --------- Date: Wed, 17 Sep 2003 08:52:14 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="AQUASH TRIAL DELAY" http://www.indianz.com/News/ http://www.rapidcityjournal.com/articles/2003/09/17/news/state/state04.txt Family disappointed murder trial delayed By The Associated Press Family members of a slain American Indian Movement activist are disappointed the case against Arlo Looking Cloud won't go to trial this month. A federal judge last week delayed until February the trial of Looking Cloud, who was to have gone before jurors Sept. 30 in Rapid City. Looking Cloud and John Graham, also known as John Boy Patton, are charged with first-degree murder in the slaying of Anna Mae Pictou-Aquash on the Pine Ridge Indian Reservation. Aquash vanished from Denver in December 1975. Her frozen body was found in February 1976 near Wanblee. She had been shot in the head. Her family would not answer questions but released a statement saying they were disappointed in the four-month delay. Mary Lafford, Aquash's sister, said the continuance drags out the case even longer. Denise Pictou Maloney, Aquash's eldest daughter, said the family was anxious to see the case go to trial but hopes the delay helps ensure a fair trial. "We have waited 28 years for justice for our mother. What is another four months?" she said. "We want to also be sure that those who didn't do their job right 28 years ago will do it right this time. So, while we are disappointed, we are hopeful that this will only result in justice for our mother, so that her spirit can be at rest and we as her family can finally have closure that is long awaited and way overdue." Aquash, a member of Mi'kmaq Tribe of Canada, was killed as tensions between members of Minneapolis-based AIM and government-backed factions ended in numerous deaths on the reservation. She was among American Indian militants who occupied the village of Wounded Knee for 71 days in 1973. Looking Cloud and Graham, who were security guards with AIM in the 1970s, would serve mandatory life prison terms if convicted. Graham is a Canadian Indian and Looking Cloud is a Lakota Indian who grew up on the Pine Ridge reservation. Graham has not been arrested and is thought to be in Canada. Patrick Charette, a spokesman with Canada's Department of Justice, said no public documents have been filed in connection with the search for Graham, nor has he been apprehended. "There's nothing on the public record," he said this week. Looking Cloud was arrested in Denver in March. His lawyer, Tim Rensch, asked for the delay, saying he needed more time to prepare because of the large number of documents, tapes and other information in the case. Looking Cloud's cousin, Bernice Bull Bear, said she has moved back from Denver to Kyle so she can be closer to him. She said she's worried Looking Cloud won't get a good defense or a fair trial. "He did not kill Anna Aquash," Bull Bear said. "A lot of people on the reservation know Arlo is innocent. "He was at the wrong place at the wrong time. He didn't know what was going on." Copyright c. 2003 The Rapid City Journal. --------- "RE: Native Prisoner" --------- Date: Mon, Sep 16 2003 19:18:40 -0700 From: Janet Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NATIVE PRISONER" ===== From Valerie Scott, NAPS narights@yahoo.com ===================================================== Urgent: Letters of Support Needed for Chief Larry Rainwater - Louisiana From: Chief Larry Rainwater #77590 Avoyelles Correctional Center, C-3, B-1 1630 Prison Road Cottonport, LA 71327 Since receiving this request for help, we have learned that Mr. Rainwater has already undergone forced grooming, and we are concerned about his safety, since he has been in this struggle with officials for several years now. Greetings, I would like to inform you that I was transferred from David Wade Correctional Center on the 4th August, and I have been sent here to Avoyelle Corr. Center. Upon my arrival the Warden ordered ALL my Native American Religious items be confiscated from me and locked up in the chaplain's office. I handed the warden a written Request for Access, Use, and Possession of my sacred items, that was on 8-6-03, when I saw him at noon in the main chow hall. He failed to respond to the written request. The next week I filed a ARP pertaining to my religious items being confiscated and me not being allowed to practice the Native American Religion since I have been here. I am still waiting for a reply to the ARP. I sent a Letter of Request to the Director of Programs also, and still no reply. I filled out a new inmate intake to the chaplain to practice the Native American religion, no reply yet. Other inmates have also filled out the religious request forms and sent them to the chaplain to be allowed to practice the Native American religion here - also no reply yet. I put together a proposal and request to establish a Native American spiritual program and inmate council here dated 8-19-03, with only 12 of our names on such. I could have got a lot more names put on such, but I did not want to wait much longer to forward such to the warden and administra