From gars@speakeasy.org Thu Oct 16 08:40:18 2003 Date: Tue, 14 Oct 2003 19:37:22 -0400 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews11.042 _ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' ____ _ , ___ _ , ___ / ' ) / / ) ' ) / / ' VOLUME 11, ISSUE 042 / /-< / /--/ /-- __/_ / ) (___/ / ( (___, 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 October 19, 2003 Passamaquoddy Toqakiw/autumn moon Assiniboine Tasnaheja-hagikta/striped gopher looks back 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; Frostys AmerIndian & Indigenous Peoples Literature Mailing Lists; UUCP email IMPORTANT!! ----------- In accordance with Title 17 U.S.C. section 107, all material appearing in this newsletter is distributed without profit to those who have expressed a prior interest in receiving this information for educational purposes. <================<<<< >>>>================> This newsletter is a way of keeping the brothers and sisters who share our Spirit informed about current events within the lives of those who walk the Red Road. ++ It may be subscribed to via email by sending a request from your own internet addressable account to gars@speakeasy.org ++ It is archived at http://www.nanews.org <================<<<< >>>>================> +-- -- -- -- -- -- -- -- -- -- -- --+ + -- -- -- -- -- -- -- -- -- -- -- + | As historian Patricia Nelson | | Once a language is lost, it is | | Limerick summarized in "The | | gone forever | | Legacy of Conquest: The Unbroken | | * Of the 300 original Native | | Past of the American West... | | languages in North America, | | "Set the blood quantum at | | only 175 exist today. | | one-quarter, hold to it as a | | * 125 of these are no longer | | rigid definition of Indians, | | learned by children. | | let intermarriage proceed as | | * 55 are spoken by 1 to 6 elders;| | it had for centuries, and | | when they die, their language | | eventually Indians will be | | will disappear. | | defined out of existence." | | * Without action, only 20 | | "When that happens, the federal | | languages will survive the next| | government will be freed of | | 50 years. | | its persistent 'Indian problem.'"| | Source: Indigenous Language | +-- -- -- -- -- -- -- -- -- -- -- --+ | Institute | |http://www.indigenous-language.org| This issue's Elder Quote: + -- -- -- -- -- -- -- -- -- -- -- + ======================== "There is no doubt that the Indian held medicine close to spiritual things. As a doctor he was originally very adroit and often successful. He employed only healing bark, roots, and leaves with whose properties he was familiar, using them in the form of a distillation or tea and always singly. The stomach or internal bath was a valuable discovery of his, and the vapor bath was in general use. He could set a broken bone with fair success, but never practiced surgery in any form. In addition to all this, the medicine-man possessed much personal magnetism and authority, and in his treatment often sought to reestablish the equilibrium of the patient through mental or spiritual influences. It is important to remember that in the old days the "medicine-man" received no payment for his services, which were of the nature of an honorable function or office. When the idea of payment and barter was introduced among us, and valuable presents or fees began to be demanded for treating the sick, the ensuing greed and rivalry led to many demoralizing practices, and in time to the rise of the modern "conjurer," who is generally a fraud and trickster of the grossest kind." "Whenever, the course of a daily hunt, the hunter comes upon a scene that is strikingly beautiful, or sublime; a black thundercloud with the rainbow's glowing arch above the mountain, a white waterfall in the heart of a green gorge, a vast prairie tinged with the bood-red of the sunset; he pauses for an instant in the attitude of worship. He sees no need for setting apart one day in seven as a holy day, because to him all the days are God's days." __ Ohiyesa (Charles Alexander Eastman), Santee Sioux +- -- -- -- -- -- -- -- -- -- -- -+ | 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! Although they are a Georgia Corportaion and I live in Georgia, I will pass a QuickTrip gas station and make my purchases at another business. I will continue to avoid patronizing Quick Trip or any other members of any of the following: Oklahoma Independent Petroleum Association Oklahoma Petroleum Marketers Association Oklahoma Farm Bureau Southern Oklahoma Water Alliance Oklahoma Grocers Association .... and as long as these founding members of One Nation Oklahoma remain part of that anti-tribal organization. As you will see from the lead story in this issue, even Governor Henry of Oklahoma recognizes these racists for what they are. One Nation maintains there is an inequity in tribal and non-tribal gas marketing that is unfair; and that the Oklahoma Tribes are not contributing their fair share. This is misinformation, at best. FACTS * Tribal governments contribute over $7.8 billion annually to Oklahoma's economy in the areas of business, employment, education, health care, social services, housing, and others. Sixty-two of Oklahoma's seventy- seven counties are directly impacted by tribal economies. * Article 1, Section 8 of the United States Constitution vests the federal government with the authority to engage in relations with the tribes, and thereby, firmly places tribes in the Constitutional family of our nation. When the governmental authority of tribes was first challenged in the 1830's, Chief Justice John Marshall articulated the fundamental principle that guides the evolution of federal Indian law to the present -- tribes possess a nationhood status and retain inherent powers of self-government. * From 1777 to 1871, United States relations with individual Indian nations were conducted through treaty negotiations. These contracts among nations created unique sets of rights for the benefit of each of the treaty-making tribes. Those rights, like any other treaty obligations of the United States, represent the supreme law of the land. As such, the protection of treaty rights is a critical part of the federal Indian trust relationship. The above from http://www.onenationoklies.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 ---------- - Henry defends Compacts, - Health Policy activism urged disparges One Nation - Potawatomi push - WHITE FACE: to protect the Forest Dialogue about 1868 Treaty missing - Nault says Native reform bill dead - Tribal Head urges care in Reforms - Alberta provides Model - Navajo Grass Roots for easing Natives' Misery fed up with Tribal Government - Mi'kmaq Loggers get new Trial - Indian Leaders have - National Chief Opening Address put Schwarzenegger on notice - Inquiry into Native Teen's Death - Border Dispute hears Admission sign of Deeper Problem - Towns Ask BIA for - Osages seek Member Recognition Mashantucket Documents - Eastern Band now - Reservation hunting Suit in Position to move on - Murder rate on Rez's - Fate of Lumbee Bill 5 times National Average due October 22 - Former BIA employee - Osage Chief to Address heads to Prison Indian Mascot Issue - Federal Judge to hold - Saving Fish may Hearing in Aquash Case endanger Farmers' Control - Native Prisoner - Tribal control of -- Prisoners seeking pen-pals National Bison Range unlikely - Rustywire: Coyote who writes - Pequot Reps visit Blackfeet - Poem: Forever on behalf of NAB - Verse: Hawaiian Book of Days - More Indians choosing - Type II Diabetes North Idaho College more deadly than ever - Renovations just the start - Tribes working to stop of changes at BCC Diabetes in Children - Jena Choctaw Land - Specials This Week on APTN will have Federal Protection - Moccasin Flats - Chippewa care for lakes Premiere's on APTN November 10 of the North Woods - This Week on First Peoples TV --------- "RE: Henry defends Compacts, disparges One Nation" --------- Date: Thu, 9 Oct 2003 08:22:56 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ONE NATION" http://www.owlstar.com/dailyheadlines.htm http://www.nativetimes.com/index.asp?action=displayarticle&article_id=3011 Henry defends compacts, disparges One Nation Gets warm reception from OKC leaders OKLAHOMA CITY OK Sam Lewin October 8, 2003 Tobacco and gaming compacts, One Nation, and the concept of tribal sovereignty were some topics Governor Brad Henry spoke about during a visit to the Oklahoma Indian Chamber of Commerce. Speaking at an Oklahoma City area country club, Henry received two standing ovations from the 70- plus in attendance. The first came when he was introduced, the second when he criticized the anti-sovereignty group One Nation. "There is a particular group out there that goes by the name of One Nation. I in no way endorse One Nation. I believe that we have to do everything we can to eliminate this archaic us-versus-them mentality. We have to build consensus through cooperation and groups like One Nation are, I think, problematic because they don't recognize that we are all Oklahomans who have to work together," Henry said. A member of Henry's staff is married to One Nation founder Mickey Thompson. Henry said he credited the state's Native American vote with helping win the election last year, and three times used the word "symbiotic" to describe the relationship between tribes and the state. Since his election, Henry has unsuccessfully attempted to broker a gaming compact and has been embroiled in controversy over tribal tobacco compacts. A handful of tribes have thus far agreed to compacts, while others have let the agreements expire. Henry defended his handling of those negotiations, and blamed the media for distorting the process. "If all you have heard about the compact is from the media, then you haven't heard the whole story," Henry said. "We have been working very hard with everyone. I think I have gotten an unfair rap in the process. There are those out there who want the relationship between tribes and the state of Oklahoma to just fail. I don't know all the answers, but I want to work together and develop partnerships between the tribes and the state of Oklahoma." Henry said more compacts would be coming in the near future, possibly including today. He did not elaborate. Audience questions gave an indication that Henry's stance on compacting was causing unease in Indian Country. One person wanted to know what would happen if a tribe simply refused to sign a tobacco compact. "If there are tribal governments that don't enter into compacts at the appropriate times, we have asked the tax commission to enforce the laws. Beyond that, there are so many technical issues that I'm not going to attempt to answer what that means and what's going to happen. There are federal laws that come into play, there are federal court cases that come into play, and I'm going to have to have lawyers that are experts in tribal law explain all that to me." When not talking about tribal issues, Henry spent a large amount of time simply saying good things about Oklahoma. He trotted out statistics, like those showing the state leads the nation in the percentage of minorities graduating high school. Representatives from several tribes were there, including Chickasaw, Citizen Potowatomi, Pawnee and Miami Nation. Most seemed pleased by Henry's statements. "Obviously he covered a lot of territory," Chickasaw Nation Governor Bill Anoatubby told the Native American Times. "In general I believe he means all of what he says and his job is to represent all of Oklahoma, so I think Indian tribes can expect fairness. All I ever received from his office was fairness." Native American Times is Copyright c. 2003 Oklahoma Indian Times, Inc. --------- "RE: WHITE FACE: Dialogue about 1868 Treaty missing" --------- Date: Sat, 11 Oct 2003 10:13:53 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="1868 TREATY" http://www.rapidcityjournal.com/articles/2003/10/11/opinion/opin03.txt Dialogue about 1868 Treaty was missing October 11, 2003 By Charmaine White Face, a freelance writer, coordinator of Defenders of the Black Hills, and member of the Oglala Sioux Tribe. She may be contacted at cwhiteface@aol.com. When U.S. Sen. Tom Daschle took the stage at the recent "Gathering and Healing of Nations" meeting, whose purpose was to try to talk about the areas of agreement and disagreement between the whites and the Indians of South Dakota, I'm sure he never expected to see protest signs at the back of the room. Our signs read, "Uphold the 1868 Treaty/Uphold the US Constitution" and "Restore the 1868 Treaty." They implied that he and S.D. Gov. Mike Rounds did neither. Which is true. They don't uphold either the 1868 Treaty or the U.S. Constitution. Article Six of the Constitution states that "Treaties are the Supreme Law of the Land," yet somehow these two elected officials seem to forget that. As I was the one carrying the "Uphold ..." sign, as soon as the opening session disbanded, and we had established a small area right outside the main door from which to hand out information, we were surrounded by Daschle aides and Secret Service people. One of the aides, a young Lakota man in suit and tie, was adamant and tried to use traditional embarrassment on me in saying that Sen. Daschle wanted to dialogue. I laughed and told him that I had been writing about the senator since 1989 and the senator already knew everything that I had to say. The aide was persistent in saying that the senator wanted to dialogue about our issues, and that the meeting was for reconciliation, and how could there be reconciliation if one side wouldn't talk. I told him the senator wasn't going to talk to me, but the aide thought he knew his boss better than I did. So finally, I told him to set it up and I would be there. We were led to a small room and the door closed. Present was Sen. Daschle, two aides, my friend and I. He tried to shake my hand when we first entered. I refused and told him I knew who he was. This is a traditional way of letting him know I totally disagree with his actions. The Lakota aide lit some cedar and smudged everyone. Then he prayed and handed out wasna, which he said his grandmother made. I accepted it, knowing he was trying to accomplish something good. Then all eyes were turned to me, so I began to speak. I told the senator we were there with our signs because all the issues on the agenda were covered in the 1868 Treaty, yet the treaty was not on the agenda. This was disrespectful to the treaty and all the Lakota people. I told him I had campaigned for him when he first ran in the '80s. I didn't tell him of my disappointment at his opposition and outright campaigning against the Bradley Black Hills Bill. I did tell him that I lost all respect for him when, as the treasurer for the Oglala Sioux Tribe in 1988, I discovered a check copy for $10,000 that was written on a secret account to him. I told him of going to the U. S. attorney, the FBI, the Senate special investigators, and the Senate Ethics Committee and nothing was done. I told him that was part of the reason why I campaigned against him in his last election because I know how the poorest people in the United States live as I also have lived that life, raising my kids with no running water or central heat ... and sometimes with no job. I couldn't have respect for someone who would take $10,000 from the poorest people in the country. I told him I was not going to talk to him about the Mni Wiconi Project, the Mitigation Act, and his forest rider last year (Section 706 of PL 107- 206), all of which violated the 1868 Treaty. But I did remind him that he and the governor take oaths of office to uphold the U.S. Constitution and they were violating that oath when they do not uphold the 1868 Treaty. I said that if he and the governor were to uphold the Constitution as they are supposed to, then they would both have to admit that they were only a governor and a senator for half of a state since the other half was the Great Sioux Reservation. I finished by telling him that I pray for him all the time since he holds the lives of so many people in his hands. As I had presented the major portions of my part of the dialogue, I looked at him for his arguments. He said, "Thank you for praying for me," and rose to leave. I stood, shook hands with him, and he walked out. There was no dialogue. So we continued to man our little space outside the main door, handed out almost 400 pieces of information before we ran out, and talked to some media. We received lots of hugs and handshakes, which wasn't surprising since most of the audience was Native American. People kept asking the same question, "How can you have reconciliation when only one side shows up?" I kept thinking that my meeting in the morning with the senator was really a symbol of the entire day. It was another non-dialogue dialogue. Copyright c. 2003 The Rapid City Journal. --------- "RE: Tribal Head urges care in Reforms" --------- Date: Thu, 9 Oct 2003 08:22:56 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="DoI REFORMS CAUTION" http://www.owlstar.com/dailyheadlines.htm http://www.billingsgazette.com/~/2003/10/09/build/state/33-reforms.inc Tribal head urges care in reforms By TED MONOSON Gazette Washington Bureau October 9, 2003 WASHINGTON -- Salish and Kootenai Tribal Chairman Fred Matt urged a congressional panel on Wednesday not to allow tribal self-government to become a casualty of efforts to reform how the Interior Department manages money it holds in trust for tribal members. Matt and others are afraid that Interior Department officials will limit tribal government as part of their effort to get their own house in order. "The Department of Interior is moving forward, but don't let them do that in a way that will hurt tribal governments," Matt said. A class-action lawsuit against the department claims that the department lost billions of dollars in Indian trust-fund money. Eloise Cobell, a Blackfoot Indian from Montana, who is the lead plaintiff in the case, and the other plaintiffs say the department cannot account for between $10 billion and $135 billion it collected from those who lease Indian lands for grazing, farming, mining, logging and oil and gas drilling. The Interior Department concedes that it has mismanaged money held in trust for tribal members. Although officials say that its efforts to overhaul its management of Indian money will not have an effect on tribal self government, tribes and lawmakers are wary. Treaties between tribes and the federal government and federal laws require the Interior Department to provide basic services such as health care and manage the tribes' resources. The Salish and Kootenai are among a group of tribes who have been granted control over providing basic services to tribal members and managing tribal resources. Committee Chairman Richard Pombo, R-Calif., described the hearing as "open ended" and a "status check on the self-government experiment," but trust reform was at the top of many of the tribal leaders' and legislators' agendas. Rep. Denny Rehberg, R-Mont., who was one of only a handful of lawmakers who attended the hearing, voiced his support for a provision in the Senate's version of the Interior Department's spending bill that specifically states that trust reform efforts cannot change the tribal self-governance program. Sen. Conrad Burns, R-Mont., is chairman of the Senate panel that has jurisdiction over the department's spending bill. Both Matt and Rehberg told the House Resources Committee that the Salish and Kootenai had successfully managed tribal resources. Matt highlighted the tribes' management of everything from dams to rangelands. He also called for completion of an agreement that would allow the tribes to assume control of the National Bison Range. The Fish and Wildlife Service manages the range but is in discussions over transferring control to the tribes. Rehberg said that computer parts from a tribal company were in tanks in Iraq. He also said the tribes had managed land on the Flathead Reservation better than the federal government had managed lands adjacent to the reservation "They have natural resources management that are second to none," Rehberg said. Copyright c. The Billings Gazette, a division of Lee Enterprises. --------- "RE: Navajo Grass Roots fed up with Tribal Government" --------- Date: Wed, 8 Oct 2003 08:13:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NAVAJO GRASS ROOTS" http://www.owlstar.com/dailyheadlines.htm http://www.daily-times.com/artman/publish/article_3680.shtml Navajo grass roots fed up with tribal government By Jim Snyder/The Daily Times Oct 8, 2003, 12:32 SHIPROCK - Navajo grassroots leader Norman Brown had a dream. "I saw children and elders with their hands outstretched. There was a lot of sorrow. As I looked around there was no water," he said. "The dream I had was there was nothing in the future. Everything had been given away." Brown, a Dine' Bidzill or Navajo Strength leader, said Tuesday he was frustrated with the Navajo Council and Navajo President Joe Shirley Jr. for not supporting the Navajo people on obtaining water rights, squashing potential uranium mining and implementing long-approved government reform. "They're denying the people's right to improve their lives ... Since 1932 our (Navajo) role in America has been to give away our (natural) resources. That has to stop." It has been nearly a year since the Navajo people voted a mandate for change. They elected 58 new Council delegates out of 88 and voted in a new president. In the short 10 months since they took office, Brown's enthusiasm in their abilities to represent the people has all but waned. "The president has three strikes," Brown said, because Shirley asked the Council during last month's budget deliberations for $100,000 for the Office of the First Lady, $265,000 for a new house and $465,000 for a security but nothing for an uranium task force. "During the session (delegate) Young Jeff Tom asked if he would give up any of those funds for an uranium task force," Brown said. "He said no." While campaigning Shirley promised the grassroots coalitions an alternative to Navajo Nation water rights' attorney Stanley Pollack, Brown added. Pollack, a nontribal member, has never filed a water-rights claim for the tribe despite being on the job for nearly 20 years. Shirley and Navajo Attorney General Louis Denetsosie have kept Pollack in the administration. Shirley has also not changed the makeup of the Navajo Water Rights Commission. Its members need to be elected, Brown said. The current members are former President Kelsey Begaye political appointees. "We have yet to hear the status of Stanley Pollack. We have yet to hear the status of the Water Rights Commission and his statement at the Council on an uranium task force. That's three," Brown said. He is not happy with the Council either. "We helped install a new Council ... They have been a great disappointment. There are very few delegates that are working in the interest of the Navajo people." Brown questioned the Navajo Nation's wisdom of sending Navajo representatives every year to a United Nations' summit in Geneva. Hogback Council Delegate Ervin Keeswood, Navajo Supreme Court Chief Justice Robert Yazzie - who is retiring - and Legislative Branch Chief of Staff Leonard Gorman attended an annual Declaration of the Rights of Indigenous Peoples for the United Nations' Commission on Human Rights last month in Switzerland. Brown said it was hypocritical they would go to the summit for the advancement of human rights while those same rights were being ignored back home on the Navajo Nation. "If we can't go to our government, we can't go to our president, where else can we go? We believe the federal government, the Navajo Nation Council and the Navajo president are the same. Look at their policies," Brown said. "The success of Dine' Bitzill has been to go to the people. We ask what they want from us. We don't tell them what to do. It's them telling us how they want to live their lives - that's how the Council should be." He added the Navajo grassroots coalitions may have to go the United Nations themselves. "We will go anywhere in the world to tell that the Navajo Nation president and the Navajo Nation speaker are denying people's rights to improve their lives." Navajo grassroots forums set for Friday, Saturday Jim Snyder/The Daily Times SHIPROCK - There are six Navajo grassroot-related forums Friday and Saturday across the reservation, in Albuquerque, plus an Oct. 18 forum. They are: * The Navajo Nation Water Rights Commission 10 a.m. to 3 p.m. Saturday at the Tuba City, Az., Chapter House. Topics will include the commission's purpose and authority, water right issues and the Navajo N-aquifer. * The grandmother Roberta Blackgoat's memorial and concert 9 a.m. to 9p.m. Saturday and Sunday at Coconino High School In Flagstaff, Ariz. Winona LaDuke and Dine' Bitzell organizations will speak Sunday. * The Eastern Dine' Against Uranium Mining 9 a.m. to 4 p.m. Saturday at the St. Pauls Church in Crownpoint. Church Rock uranium mining issues, health effects of uranium mining, health and environmental concerns and the Navajo uranium radiations victims committee will be included in the discussions. * The Save the Peaks Committee is hosting the first Native American tribes of Arizona and New Mexico forum 9 a.m. to 4 p.m. Friday at the Colten House in Flagstaff, Ariz. The committee wants to prevent reclaimed water being used to manufacture snow as well as the future expansion of the ski resort. * The Dine' Bi Hol nii organization will be hosting a convention 11 a.m. to 3 p.m. Saturday at the Shiprock Chapter House. Topics to be discussed include the Navajo Title 2 government, grazing rights and Navajo business development problems. * The First Nations North and South will host the second annual Day of Solidarity with Indigenous Peoples - an alternative to Columbus Day. They will meet 5 to 10 p.m. Saturday at the Peace and Justice Center, 202 Harvard S.E., in Albuquerque. * The will be an Eastern Dine' Against Uranium Mining Dine' educational outreach forum Oct. 18 at the Church Rock Chapter House. It is sponsored by the community, EDAUM and the Dine' Bizill grassroots coalition. Jim Snyder: jims@daily-times.com Copyright c. 2003 Farmington Daily Times, a Gannett Co., Inc. newspaper. --------- "RE: Indian Leaders have put Schwarzenegger on notice" --------- Date: Thu, 10 Oct 2003 08:04:34 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CALIFORNIA RECALL" http://www.pechanga.net/ http://www.latimes.com/news/local/la-me-budget10oct10,1,5996144,print.story Fulfilling State Budget Pledge May Be Tough Schwarzenegger's team will face many obstacles in its effort to reduce spending without making cuts in essential services or raising taxes. By Evan Halper and Jeffrey L. Rabin Times Staff Writers October 10, 2003 SACRAMENTO - After being swept into office on promises that he could cut taxes by billions of dollars without disrupting essential government services, Arnold Schwarzenegger now faces the extraordinarily difficult task of finding a way to do it. Many budget makers are skeptical that the audit Schwarzenegger launched Thursday by handing the task to government finance expert Donna Arduin will find billions of dollars in waste as the governor-elect has suggested, or turn up the kinds of surprises he predicts will provide a guiding light toward fiscal health. As Schwarzenegger inherits what he acknowledges could be as much as a $20-billion deficit, the only concrete budget action on his agenda is one that threatens to add to that deficit: rolling back a $4.2-billion increase in the state car tax. Bond rating agencies already are warning of the problems a car tax cut could cause. And fiscal experts in Sacramento are skeptical the new governor is going to achieve the kind of savings he has promised through other pillars of his "100-day plan," such as renegotiating state agreements with Indian casinos and unions that represent government workers. "The math is very tough," said state Treasurer Phil Angelides, a likely Democratic contender for governor in 2006. "If he has a way to do it, if he can do it without taxes, he ought to lay it out," Angelides said. On Thursday, Schwarzenegger again resisted laying out anything more specific. "There are a lot of things we don't know," he said at a news conference. "What we want to do is really get in and find out." Schwarzenegger refused to be specific even about where in the budget he wants the auditing team to look for overspending. He instead spoke generally about the process of crafting budgets being broken. "They have spent too much money. They've seen the writing on the wall four years ago, that we are having a decline of business and revenues and all that," he said. "They kept spending, spending, spending We have to cut some spending." Members of Schwarzenegger's economic advisory council were similarly nonspecific. "He's going to solve the budget problem by cutting spending and not by raising taxes," said George P. Shultz, a former U.S. secretary of State and Treasury secretary who is now a fellow at Stanford's conservative Hoover Institution. "The whole tone in Sacramento is going to turn 180 degrees, from being anti-business to being pro-business." Cash Crunch Threatens The new administration has little time to maneuver. As the team races to get a budget together by the end of the year, there is a looming threat that the state could run out of cash because of problems in the current budget. The bond rating agency Standard & Poor's has advised investors that if the new governor rolls back the car tax, it could cause "a major loss of county discretionary revenues and possibly large cuts in social service spending, unless reimbursed by the state." Money from the car tax goes to city and county governments. If the tax is rolled back, other programs would have to be cut or about $4.2 billion would stop flowing to local police departments, fire stations and public health agencies. The other option would be to keep sending the money to the locals, and just let the hole in the budget expand, which could damage the state's already dismal credit rating even further. "It creates an immediate problem if you take $4 billion out of the budget," said J. Clark Kelso, director of the Department of General Services for the Davis administration, who spoke at a forum Thursday at which government officials and academics discussed transition issues. Some Indian leaders, meanwhile, have already put the new governor on notice that they have little interest in sharing more of their gambling revenues with the state. Mark Macarro, tribal chairman of the Pechanga Band of Luiseno Mission Indians, said that Indian tribes are not going to renegotiate compacts with the state until Schwarzenegger "apologizes to the tribal governments of California for attacking us in the campaign. "He used us as red herrings to get voters distracted from the real issues," Macarro said. "We are not part of California's budget crisis, and we're not going to stand by and take responsibility for it." Although a renegotiation might gain the tribe more lucrative slot machines in its casino, Macarro said: "We have 16 years left on our compact. Nothing can compel us to open that compact." Union Pacts an Issue Schwarzenegger also has little leverage over government employee unions at a time when the state has just signed new contracts with them and is already laying off as many as 16,000 workers. His team also will be grappling with how to deal with the $13 billion in borrowing in this year's budget that has been thrown into doubt by lawsuits. Former state Controller Kathleen Connell, a Democrat, said the state could face "a liquidity crisis in a couple of months" as result of those lawsuits. "That is an immediate crisis this governor has," she said. "The first function of this government is going to be to have cash to function." Schwarzenegger hinted Thursday that he might bring the borrowing before voters in March for their approval. The Pacific Legal Foundation, which is suing to stop the biggest bond sale, probably would withdraw its suit if voters signed off on the bond sales. But a vote would leave open the risk that the public could reject the bonds, which could in turn trigger a cash crisis. "I think the people should make that decision, the bond issue and all that," Schwarzenegger said. "I think we need to do it the right way, the legal way rather than brushing the debt under the rug and pretending we don't have that debt." Members of Schwarzenegger's team acknowledged that they face a tremendous task in cutting the budget. One of the advisors, Julie Meier Wright, said the administration is aware that most of state spending outside education - which Schwarzenegger has said is off-limits for reductions - goes to health care and welfare programs that are difficult to cut because they touch the poor. Wright, president of the San Diego Regional Economic Development Corp., said Schwarzenegger's advisors want to get inside those programs and others that have seen rapid growth in the last five years. "It's a very hard job," she said. "In the short term, we really need to know where that new spending came from and what aspects should be continued and what should not." Schwarzenegger, however, does have one advantage that none of his predecessors have had in the last 20 years. Language was written into the budget this year that gives the governor the authority to make midyear cuts in a wide range of programs if the state's finances fall out of balance. And he has one other thing, according to former state Treasurer Matt Fong: "He has a public persona that gives him power that very few people have." ----- Times staff writers James F. Peltz and Doug Smith contributed to this report. Copyright c. 2003 Los Angeles Times. --------- "RE: Border Dispute sign of Deeper Problem" --------- Date: Sun, 12 Oct 2003 14:19:46 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="OMAHA, SANTEE, WINNEBAGO" http://www.journalstar.com/native.php?story_id=77533 Border dispute sign of deeper problem BY KEVIN ABOUREZK / Lincoln Journal Star October 12, 2003 A border dispute between a Nebraska tribe and a town flared up last week when state roads workers removed signs declaring the tribe's boundaries on roads leading into the town. The dispute highlights jurisdictional problems between tribes and other governmental entities. It is an issue some in Nebraska hope to address with a conference next spring. At the request of the Omaha Tribe, the Nebraska Department of Roads placed the three signs along Nebraska highways 9 and 16 near Pender in western Thurston County about two weeks ago, said Randy Peters, state traffic engineer. "It's not something that usually generates so much controversy," he said of placing signs, which typically are used to indicate boundaries of towns and counties. However, state and county law enforcement officials became concerned when they heard the signs had been placed near Pender. Peters said the Nebraska attorney general's office contacted him last week to let him know about the boundary dispute and request that he have the signs removed, which was done Aug. 27. Thurston County and Pender officials have long argued the town should no longer be part of the Omaha Reservation. A 1999 district court ruling affirmed their claim, saying the reservation's boundaries had been diminished. Trouble boiled last December when non-Natives from Pender threatened violence against Omaha tribal police, who were planning to set up a sobriety checkpoint near Pender on New Year's Eve. The checkpoint plan was canceled. Omaha tribal leaders contest the boundary ruling. They argue the reservation's boundaries were set by an 1865 treaty and can be changed only by an act of Congress. "Basically, the tribe's contention is that (Pender) is and always will be part of the Omaha Reservation," said Darren Wolfe, spokesman for the tribe. The signs, he said, were placed legally and should not have been removed. The tribe is still considering contesting the 1999 court ruling, he said. The controversy underscores ongoing jurisdictional problems between tribes and nontribal governmental agencies. In an effort to facilitate discussion of the issue, the Nebraska Commission on Indian Affairs, along with the U.S. Justice Department and the International Association of Chiefs of Police, is planning a conference in Nebraska next spring. Judi Morgan gaiashkibos, executive director of the commission, said the conference had been titled the "Great Plains Safety in Indian Country Symposium" and would focus on safety issues on tribal lands. "I don't think it should be viewed as just safety for Indian Country," she said. "It's safety for all Nebraska, because if we're not safe, nobody is safe." No specific date has been set for the symposium, though those organizing it hope to hold it in April or May. Besides jurisdictional issues, the conference will address issues of law enforcement and justice as they affect tribes in the Great Plains. Tribal officials from four states, including Nebraska, as well as law and justice officials from around the state, will be invited, she said. "Anyone who's been involved in jurisdictional issues on Indian reservations knows it can get quite complicated," said U.S. Attorney Mike Heavican in Omaha. Often, tribes have no authority to arrest or prosecute non-Natives who commit crimes on reservations, he said. That makes it difficult to decide who should handle certain cases, whether it be state, federal or tribal authorities. To add to the confusion, the state's three largest tribes -- the Omaha, Santee and Winnebago -- have differing scopes of authority when it comes to crimes on their reservations. The Omaha and Winnebago tribes both have authority to handle criminal infractions, while the Santee lack any such authority. State Sen. Matt Connealy of Decatur, whose legislative district includes much of the Omaha and Winnebago reservations, said jurisdictional disagreements could create serious problems for reservations. He said he'd heard of delayed responses to crime scenes by law enforcement on the Omaha and Winnebago reservations because of disputes over jurisdiction. Bringing together state, federal and tribal leaders can only help in smoothing jurisdictional frictions, he said. "If we can't get that done, people won't be as safe as they could be," he said. Reach Kevin Abourezk at 473-7237 or kabourezk@journalstar.com. Copyright c. 2003, Lincoln Journal Star. All rights reserved. --------- "RE: Osages seek Member Recognition" --------- Date: Sun, 12 Oct 2003 14:19:46 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="" http://www.pechanga.net/ http://www.newsok.com/cgi-bin/show_article?ID=1094958&TP=getarticle Osages seek member recognition October 12, 2003 By Dawn Marks The Oklahoman PAWHUSKA -- The Osage Nation is almost a tribe without members. Although many descendants of Osage Indians consider themselves members, the federal government does not recognize them because of a 1906 law. U.S. Rep. Frank Lucas, R- Cheyenne, has introduced a bill to allow the Osage Nation to set its membership criteria. The tribe currently has just four members -- all older than 96 -- recognized by the federal government. "You can see how pressing this is," said Mark Freeman, Osage membership chairman. "They did not realize that when that last person died we in a sense wouldn't have a tribe." Family members had always told Freeman, 83, of Pawhuska, that he was a member. But by federal law he isn't. Neither are more than 20,000 Osage descendants spread across several states, including Oklahoma, Arizona, California, Colorado, New Mexico, Texas and Kansas. The Osages bought the land that is now Osage County, rather than receive it from the government. The land proved rich in oil, making its members wealthy. When the tribe was forced into allotment before statehood, members retained the mineral rights. The 1906 law gave all those on the rolls before June 30,1907, a cut called a headright. Those 2,229 people are the only federally recognized members of the Osage Nation. There are about 4,000 descendants of that group, 3,000 of whom have voting rights in what is similar to a corporation with shareholders, Freeman said. Only when a person inherits a headright or a portion of a headright does he have voting rights. However, those rights do not make those descendants members, Freeman said. Freeman, whose mother was one of the original 2,229, inherited her headright when she died. "I was not eligible to vote in an election until I was almost 74 years old," he said. Some tribal leaders, including Principal Chief Jim Gray, object to the fact that children must wait until parents die before being allowed to vote. Lucas said in the release that someone who is Osage should be a member of the tribe. With approval of the Bureau of Indian Affairs, the tribe started last year to document descendants without voting rights as new members. About 4,000 have those new membership cards but still are not recognized by law as members, Freeman said. In addition, future bureau representatives could prevent the tribe from handing out those membership cards, he said. If the law changes, young Osages also could receive more than just voting rights. Young Osage descendants cannot get federal education grants because they are not members, Freeman said. This law would put them in the same category as young members of other tribes. "That (education) is the tool that gets you out of poverty and makes good citizens out of people," he said. Freeman said the tribe is only asking to be on the same level as other tribes, to be allowed to form its own government and determine membership in the tribe. Copyright c. 2003 NEWS 9/The Oklahoman/NewsOK.com, Produced by NewsOK. --------- "RE: Eastern Band now in Position to move on" --------- Date: Tue, 7 Oct 2003 08:48:01 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="EBC" http://www.owlstar.com/dailyheadlines.htm http://cgi.citizen-times.com/cgi-bin/story/editorial/43005 Eastern Band now in position to move on, up By Asheville Citizen-Times October 6, 2003 Two decisions by the Supreme Court of the Eastern Band of Cherokee, both upholding the outcome of the recent election for principal chief and tribal council, allow the tribe to move forward and give it the opportunity to clarify its election laws. The court, in its wisdom, recognized the folly of overturning elections based on unwritten and therefore unclear standards and of denying voters the opportunity to exercise their franchise because the Board of Elections failed to register them properly. The decision sends a clear message to tribal government that it needs to strengthen and clarify its election laws and to ensure that they are enforced in a way that is fair to all voters and to candidates. The election of Michell Hicks as principal chief and of council members Angela Kephart and Abe Wachacha from the Cherokee/Snowbird community was challenged because about 100 absentee voters were registered in the wrong community. About 5,000 of the 13,000 enrolled members live off the Qualla Boundary. For the first time, absentee voters played the deciding role in the election. Absentee turnout increased by more than 300 percent this year, thanks primarily to controversy over absentee voting rights. The controversy began before the election with an effort to impeach then-Principal Chief Leon Jones and Tribal Council member Bob Blankenship after a political flyer was mailed to members of the Eastern Band who live off the Qualla Boundary. The flyer, which was misleading at best, urged them to vote in the primary and accused six council representatives of wanting to take away their voting rights and the per capita payments, now about $6,000 annually, they receive from the gaming revenue. An investigation found that Jones gave the mailing list of enrolled members to Blankenship and that Blankenship, through a citizen's group, used the list to send the flyer. While the mailing may have been misleading, the tribe's law does not clearly restrict access to the enrollment list and does not set guidelines for campaign letters. Still, many tribal members felt the mailing represented an ethical breach worthy of impeachment. Blankenship was reelected, despite the threat of impeachment, but the Board of Elections preempted the impeachment process and removed him from office. Shortly after the court decision upholding the election results and overturning the Board of Elections decision to remove Blankenship, the Tribal Council failed to get the two- thirds majority needed to impeach Blankenship. In a previous vote, it had failed to impeach Jones. The court's rulings save the Eastern Band from holding a new election, which, besides being costly, would have drawn out the controversy and deepened the bitterness resulting from it. The council's vote against impeaching Blankenship was the right move for the same reasons. More importantly, if either a new election or an impeachment had gone forward, it would have continued to distract Tribal Council from the business of governing at a time when, as we have said previously, it has more responsibility for making wise decisions about issues that affect the future of the Eastern Band than ever before. The council has an opportunity now to clarify its election laws. "We know that this is the end of the appeals process," Principal Chief Michell Hicks, who was sworn in Monday, said after the court's decision. "It has been a good learning experience. And it gives us a good basis to correct the inconsistency in the code." That's a healthy approach to putting the episode in perspective and moving forward in what promises to be a prosperous future. Copyright c. 2003 Asheville Citizen-Times. --------- "RE: Fate of Lumbee Bill due October 22" --------- Date: Thu, 9 Oct 2003 08:22:56 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="LUMBEE" http://www.owlstar.com/dailyheadlines.htm http://www.fayettevillenc.com/story.php?Template=region&Story=5925165 Fate of Lumbee bill due Oct. 22 By Venita Jenkins Staff writer October 8, 2003 LUMBERTON - The Senate Committee on Indian Affairs is expected to decide Oct. 22 whether to forward a bill to the Senate that would grant federal recognition to the Lumbees. U.S. Sen. Elizabeth Dole, a Republican, submitted the Lumbee Acknowledgement Bill in February. Dole has said that granting recognition to the tribe would correct a problem created by Congress in 1956. That is when Congress recognized the tribe through the Lumbee Act, but the law denied the tribe benefits and privileges given to other federally recognized tribes. Federal recognition would bring millions of dollars for education, economic development, housing and health care. Tribal leaders and lawmakers presented their case for federal recognition to the Senate committee during a hearing Sept. 17. 'Pretty good shape' Tribal leaders say the tribe is in "pretty good shape.'' They said they believe the bill will go before the Senate early next year. "We feel good about the support on the committee and feel that the bill will go before the Senate floor,'' said Darlene Jacobs, the tribal administrator for the Lumbee Tribal Council. The committee has the option of sending the Lumbee Acknowledgement Bill forward without changing it. Or the committee could amend the bill or decide not to send it to the Senate. The tribe could face several obstacles once the bill reaches the Senate floor, said Ruth Locklear, a member of the tribe's federal recognition committee. A senator could decide to filibuster the bill, or ask that it be put off. If that happens, the bill would have to be debated on the floor, Locklear said. Also, senators who currently support the bill could have political pressure from constituents to withdraw their support. "2004 is an election year,'' Locklear said. "Anything is possible.'' The Lumbees have petitioned the federal government at least nine times for recognition. The first attempt was in 1888. There are 53,000 Lumbees in the country. At least 40,000 live in Robeson and surrounding counties. It is the largest tribe east of the Mississippi and the largest non- federally recognized tribe in the country. U.S. Rep. Mike McIntyre, a Democrat from Lumberton, has submitted legislation for recognition. That bill will go before the House Resources Committee. A hearing date has not been set. Staff writer Venita Jenkins can be reached at jenkinsv@fayttevillenc.com or (910) 738-9158. Copyright c. 2003 The Fayetteville (N.C.) Observer. --------- "RE: Osage Chief to Address Indian Mascot Issue" --------- Date: Sat, 11 Oct 2003 10:13:53 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MASCOT ISSUE" http://www.pechanga.net/ http://www.nativetimes.com/index.asp?action=displayarticle&article_id=3028 Osage Chief to Address Indian Mascot Issue Press Club Event to take place on Columbus Day TULSA OK Press Release 10/10/2003 TULSA, Okla. - Jim Gray, principal chief of the Osage Nation, will speak about the use of Indian mascots in athletics during a Tulsa Press Club luncheon on Columbus Day, Oct. 13. Gray, the youngest chief in the history of the Osage Tribe of Indians, was elected in June 2002. He is considered one of the leading voices in Native America, serving on the Inter Tribal Monitoring Association, which deliberates the federal government's management of trust funds. He also serves on the National Congress of American Indians, Council of Energy Resource Tribes, Native American Rights Fund and American Indian Chamber of Commerce. Gray's speech is part of the Tulsa Press Club's regular Page One luncheon series. The public is invited to attend. Cost is $10 for club members and $15 for non-members. Lunch will be served beginning at 11:30 a.m., and Gray will speak at noon. A short question and answer session will follow. ----- Call the Tulsa Press Club for reservations at 583-7737. The Tulsa Press Club is located in the lobby of the Atlas Life Building, 415 S. Boston. The Tulsa Press Club and Benevolent Association promotes high standards of journalism, encourages the pursuit of journalism careers among students, defends the principles of Freedom of the Press and the public's right to have access to public information. It also encourages the interchange of ideas among all members of the media and the public, and fosters the ideals of ethics and fairness among all members of the journalism profession. Native American Times is Copyright c. 2003 Oklahoma Indian Times, Inc. --------- "RE: Saving Fish may endanger Farmers' Control" --------- Date: Thu, 9 Oct 2003 08:22:56 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RIVER CONTROL" http://www.owlstar.com/dailyheadlines.htm http://www.idahostatesman.com/News/story.asp?ID=50950 Saving fish may endanger farmers' control of water Idaho water users have until Sunday to keep conflict out of court Rocky Barker The Idaho Statesman The politicians, farmers and businessmen who control Idaho's water have avoided a legal confrontation with the Endangered Species Act over the fate of Pacific salmon for more than a decade. Those water barons compromised, cajoled and bullied to keep Idaho in control of water stored behind federal dams in reservoirs on the Snake, Boise and Payette rivers. Now Republican U.S. Sen. Mike Crapo is shuttling between water users and environmentalists to stave off a lawsuit that recent court decisions suggest would wrest control from Idaho and divert water away from farms, cities and industry to increase flows to help salmon. He has until Sunday, the deadline set by salmon advocates, to convince them to withdraw or alter their proposed lawsuit. Complicating his effort are secret court-ordered talks between water users, the Nez Perce Tribe and state and federal officials that address many of the same water issues. "These issues are deeply rooted in our history and culture," Crapo said. "They are highly complex." The stakes are high Across southern Idaho, 3.5 million acres of farmland is irrigated and account for $2.9 billion of income annually. This represents 14.5 percent of the income generated in southern Idaho and small areas of Wyoming and Oregon, according to the U.S. Bureau of Reclamation. Salmon are a physical manifestation of the wild character of the Pacific Northwest that bring joy to anglers and wildlife enthusiasts alike. Even at reduced numbers, the fish support a $170 million sport fishery and 5, 000 jobs in Idaho and provide economic and spiritual sustenance for the region's Indian tribes. Four environmental groups seek to force the federal government to link its plan for operating dams on the lower Snake and Columbia rivers in Washington to its plan for operating dams in Idaho. They want to link the two plans and ensure that enough is done to save salmon and steelhead. At the heart of their demand is more water from Idaho's reservoirs to flush young salmon to the Pacific. But in the long term, they want to convince Congress to breach four dams in Washington that impede salmon migration to and from Idaho. John Rosholt of Twin Falls, one of Idaho's most respected water attorneys, doesn't believe breaching four dams in Washington is reasonable, especially when salmon are returning in high numbers. But he rejects the notion that the burden of salmon recovery should be shifted to Idaho's water users. "If the problem is the lower Snake dams, obviously our water should not be used in mitigation for those projects," he said. Shifting priorities Western states have historically allocated water based on the doctrine of prior appropriation, which means the first in line has the priority use. That means most of the state's water is in the hands of farmers, canal companies and irrigation districts. Industry and municipalities come next, with fish, wildlife and recreational interests forced to the back of the line. But in recent lawsuits, the traditional priority system has been trumped by the Endangered Species Act's unyielding requirement that federal agencies prevent species from going extinct. Last year, U.S. District Judge James A. Parker ruled in a New Mexico case that the Bureau of Reclamation can take water earmarked for cities and farmers and use it to help the silvery minnow in the Rio Grande.The 10th Circuit Court of Appeals upheld his decision in June. In 2000, a judge in Oregon made a similar decision on the Klamath River and the agency cut off water to 1,400 farmers. In September, the 9th Circuit Court of Appeals affirmed a lower court decision that found the federal government could restrict the use of irrigation ditch rights-of-way across U.S. Forest Service land in order to maintain in-stream flow levels in the Methow River basin in Washington for salmon protection. Release valves When Snake River salmon were listed as endangered in the early 1990s, water users sought to avoid just such a lawsuit. They convinced the Idaho Legislature to allow the Bureau of Reclamation to lease water from farmers in southern Idaho to send down the Snake River to flush salmon to the Pacific. There were no guarantees, but from 1992 until 2001 the allocation of 427,000 acre-feet was largely delivered. Then the worst drought in 50 years began in 2001, and no water was available for leasing under current state rules that limit farmers' ability to lease their water on the free market. Meanwhile, in state court, the Nez Perce Tribe claimed ownership of virtually all the water in the Snake River basin in Idaho. The tribal claims were based on treaty rights to fish for salmon, and the tribe is seeking to leave more water in the rivers for salmon. For more than three years, attorneys for the tribe, the state and canal companies have been in mediation attempting to reach a settlement that also could shift water from irrigation to salmon flows. Negotiators reported more than a year ago they were close to a deal. Settlement talks are scheduled to continue Thursday. John Keys, U.S. Bureau of Reclamation commissioner, said his agency is working hard to close the deal that would clear away the largest barrier to completing a massive legal review of water rights claims in Idaho, called the Snake River Basin Adjudication. His agency has a proposal on the table that would ensure the 427,000-acre-foot allocation was delivered every year, even in a drought. "We're making a big push on this thing to get it settled," he said. Such a deal might resolve some of the problems raised in the proposed lawsuit by environmentalists. But it also could raise new issues. The last water rights agreement reached between an Indian tribe and the state -the Shoshone-Bannock Tribes - had to be approved in Congress. Environmentalists are not a party to the tribal talks. Nor are the states of Washington and Oregon. If there are provisions in the agreement they oppose, they have a chance to challenge them in Congress and in the Idaho Legislature. Complex lawsuits Four groups - the Idaho Conservation League, Idaho Rivers United, American Rivers and the National Wildlife Federation - filed a 60-day notice of their intent to sue the Bureau of Reclamation and the National Marine Fisheries Service in early September. The groups withdrew the notice until Oct. 12 at Crapo's request. They want the federal agencies to rewrite their plan for meeting the Endangered Species Act for the Bureau's dams in Idaho, which include those on the Boise River. They say the current plan, scheduled for a rewrite in 2005, is illegal. But the dispute is more complicated. In the short term, salmon advocates argue salmon need additional water every year, especially in a drought. They also believe there is no scientific basis supporting 427,000-acre-feet as the amount of water to be supplied for flushing. In the long term, they say, only breaching four different dams in Washington will allow the wild salmon population to recover. A federal salmon plan approved in 2001 says the fish can be saved without breaching the dams by using a suite of programs, including flushing water downriver from Idaho. That plan was thrown out by U.S. District Judge James Redden in Portland in May. Federal officials must rewrite it by next June. The environmental groups want to link the two plans together. Federal biologists set flow targets for the lower Snake River they say meets the salmon needs, targets neither environmentalists nor water users believe can be met. But federal scientists use those targets as part of their proof that dams don't have to be breached to meet the biological needs of the fish. If the federal scientists are counting on the biological benefits of Idaho water then the salmon ought to be swimming in it, said Justin Hayes , program director of the Idaho Conservation League. "Right now the federal government is playing a shell game with Idaho salmon and Idaho water," Hayes said. Crapo is hopeful he can make enough progress this week to keep water users and environmentalists talking past the Oct. 12 deadline. "The question is whether we can find sufficient areas of agreement that we can take issues off the litigation table," Crapo said. "I certainly don't believe that in a week or two of talks we will solve all the fish and water issues we have in Idaho." To offer story ideas or comments, contact Rocky Barker rbarker@idahostatesman.com or 377-6484 Copyright c. 2003 The Idaho Statesman/Boise, ID. --------- "RE: Tribal control of National Bison Range unlikely" --------- Date: Wed, 8 Oct 2003 08:13:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TRIBE DENIED MANAGEMENT" http://www.owlstar.com/dailyheadlines.htm http://www.missoulian.com/articles/2003/10/08/news/top/news01.txt Tribal control of National Bison Range unlikely By SHERRY DEVLIN of the Missoulian MOIESE - The U.S. government will not turn over management of the National Bison Range to the Confederated Salish and Kootenai Tribes, the government's lead negotiator said Tuesday. Rick Coleman, the U.S. Fish and Wildlife Service's regional refuge chief, said the service has identified "functions and activities" that could be performed by the tribe "in cooperation with the refuge system." But management of the 18,799-acre refuge will remain with the Fish and Wildlife Service, Coleman said during the Bison Range's annual roundup - where he was a first-time visitor. "This refuge is managed by the federal government for the benefit of the American public - all Americans," he said. "People in Key West, Fla., have as much interest in and ownership of the National Bison Range as do people in Montana." Still, negotiations are continuing between the Fish and Wildlife Service and the Salish and Kootenai Tribes, with the goal of transferring some duties at the Bison Range to the tribe, Coleman confirmed. The negotiators' next meeting is later this month and is not open to the public. Tribal leaders did not return telephone calls from the Missoulian on Tuesday afternoon. Coleman said he does not know how the tribes will respond to the government's offer to share some - but not all - responsibilities at the Bison Range. In an Aug. 5 letter, the Fish and Wildlife Service suggested the tribes might be able to take over weed control, migratory non-game bird surveys, waterfowl pair counts, duck banding, big-game counts and health monitoring, and vegetation monitoring on the refuge. In addition, the FWS said the tribes could negotiate to take over wildfire suppression and prescribed burns, and could do research and a report on the Bison Range's fire history. Other areas open for negotiation were maintenance work, including repair of fences, buildings, roads and electrical systems, periodic work to move bison from one pasture to another; and visitor services, including maintenance of the Bison Range Web site, helping with school groups and environmental education programs, assisting with teacher education workshops and providing public information on the National Wildlife Refuge System and the Bison Range. Coleman said both the Fish and Wildlife Service and the tribes have a better understanding of the possibilities than they did when tribal leaders approached the U.S. government nearly a year ago, saying they would like to manage the Bison Range. The range and associated refuges at Pablo and Ninepipe are wholly located within the boundaries of the Flathead Indian Reservation. Under federal law, Indian tribes can negotiate for management of some public lands and programs located within their reservations. The law does not, however, turn over national parks or refuges to tribal governments. "We have had some very candid discussions in recent months," Coleman said, "and some good clearing of the air." The Indian Self-Determination Act distinguished between tribal management of programs designed specifically for tribal members and tribal participation in the management of other national assets, according to Coleman. There are tribal services previously provided by the Bureau of Indian Affairs - health care, for example - that are now open to full tribal management, he said. But the Fish and Wildlife Service is not the BIA, Coleman said. "We are not providing services solely for tribal members. Our functions are for the benefit of the broader American public." In those cases, the act provides for a sharing of responsibilities, with the U.S. government retaining all "inherently federal functions," he said. Continued federal management is not, however, any reflection on the tribes' ability to manage the Bison Range, Coleman said. "We are dealing with one of the premiere tribes in the nation. "But we have a responsibility to ensure a continuity of refuge management and to preserve the Bison Range as a national resource," he said. The same approach is being taken at other national wildlife refuges where local tribes have asked for management authority. At Grand Portage National Monument in Minnesota, refuge managers contracted out maintenance activities to a nearby tribal government, Coleman said. At Yukon Flats National Wildlife Refuge in Alaska, managers have identified specific activities that could be given to the Athabaskan Tribe, including moose surveys and other wildlife management duties. In each case, the funds that would be available to tribes would be the same as those now available to the Fish and Wildlife Service, Coleman said. And Fish and Wildlife Service personnel are always foremost in negotiators' minds as they look to the future, he said. "These people are our most important resource." Coleman said he is taking a "more conservative" approach to what duties can be shared with the Salish and Kootenai Tribes. "We are being very careful about how close we get to that inherently federal line," he said. "As we have success with annual funding agreements, then perhaps other activities could be made available to the tribes." Coleman said he was asked to be the government's chief negotiator by Ralph Morgenwyck, regional director of the Fish and Wildlife Service in Denver. Coleman oversees 134 refuges in eight states in the Rocky Mountain- Prairie Region. Once the tribes and the government reach an agreement, but before that agreement is signed, the public will be given 90 days to comment. "Then all of them, all of them, all of them will be fully considered," Coleman said. Finally, Congress will have 90 days to comment, modify or kill the agreement. However, Coleman could not speculate on when an agreement will be ready for public review. (Last spring, an Interior Department official said an agreement would be in place by June 30.) "It is clear to everybody that there are a multitude of details to be considered," he said, "and everybody wants to be very clear about the expectations." Above all, the Bison Range and its mission of habitat and wildlife conservation must be protected, Coleman said. "Teddy Roosevelt established this refuge more than 90 years ago," he said. "It is home to one of the healthiest and best-managed bison herds in the United States. We don't want anything to alter us from that course; we don't want to miss a beat." Reporter Sherry Devlin can be reached at 523-5268 or at sdevlin@missoulian.com Copyright c. 2003 Missoulian, a division of Lee Enterprises. --------- "RE: Pequot Reps visit Blackfeet on behalf of NAB" --------- Date: Thu, 10 Oct 2003 08:04:34 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NA BANK VISIT" http://www.goldentrianglenews.com/~/news/news3.txt Mashantucket-Pequot reps visit Blackfeet country on behalf of NAB BY JOHN MCGILL, GLACIER REPORTER EDITOR October 10, 2003 "They have the richest casino in the United States," said Leo Kennerly Thursday at Blackfeet Community College, "so they are the people you want to talk to." Kennerly was speaking about the visit last week of two representatives of the Mashantucket-Pequot Tribe of Connecticut, Ken Reel and his tribe's finance officer, Deborah Mallon, to see up-front and close-up the operations at Native American Bank Blackfeet and its impact on the Blackfeet Reservation. As one of the founding tribes of Native American Bank, and as one of the richest tribes in America, Reel and Mallon's visit was done in support of NAB's efforts to bring financial opportunity to Indian country in the form of investment capital to people and cultures that historically have had little access to banks and banking. The pair began with a meeting at NAB in Browning among themselves, Elouise Cobell and Janice Coburn of NAB Blackfeet, and John Beriese, director of NAB's national office. When the group had adjourned, they continued to Blackfeet Community College where they met with BCC President Terry Whitright and several of his staff members, as well as members of the Blackfeet Tribal Business Council, including Jimmy St. Goddard, Jay St. Goddard, Hugh Monroe, Fred Guardipee, Clifford Tailfeathers, Gordon Monroe and William "Allen" Talks About. Blackfeet elder Al Potts opened the meeting with a prayer. "It's a good time to bring people in because it shows we're out there and meeting those people in our travels," said Chairman Jay St. Goddard. "It's great to have them here, to meet with the bank. It's another giant step forward for the Blackfeet Nation." "First Nations people working together can accomplish a lot," agreed Gordon Monroe. "Working together means improvements for all the people." "It's great to see Indian people succeeding the way you are," said Jimmy St. Goddard, adding he'd like to meet with the Mashantucket more often and work together. Then Terry Whitright of BCC introduced members of the college staff to the visitors and offered a tour of the campus. "Many tribes say to us, 'you're where we want to be,'" said Pequot representative Ken Reel, "but we say to you, 'you're where we want to be.' You have 1.5 million acres of land." Reel explained that the Mashantucket- Pequot Reservation is tiny compared to Blackfeet country, and while the tribe has become wealthy through its gaming operations, they are surrounded by people who would like very much to take that wealth away from them. "We've used the lessons of the English and the French to move our people forward," Reel said. "What they're doing in the east, they'll do here and try to get the land through taxes. In the past the natural resources were stolen from the tribes for no percentage; therefore it's an honor to be here and see all the land. I like to see potential, and there is so much here with a large population that is the majority." Reel said that, unlike Montana with its Indian representatives in state government, Connecticut has no Indians in the statehouse. "So you're ahead of us in many ways," Reel said. Reel explained that he and Pequot Financial Officer Deborah Mallon decided to travel, not only on behalf of Native American Bank, but also to find out what projects NAB could look into funding in partnership with Mashantucket-Pequot. Successful projects done by NAB, he said, would mean a better reputation for NAB which would "be good for all Indians because Indian country has economic power," Reel said. "From the Native American Bank standpoint, it was wonderful to have the Mashantucket-Pequot come to Indian country saying, 'what can we do to support the bank?'" said Elouise Cobell, director of the Blackfeet Development Foundation. "The Mashantucket-Pequot has the biggest gaming operation in the U.S., so for them to come forward is wonderful because they get the picture that it takes many tribes uniting for all of us to prosper," Cobell said. Cobell said the MP reps were especially impressed at the number of locally generated businesses that have started in Blackfeet country, saying that in their neighborhood pretty much everyone in the tribe works for the casino. "The local businesses here showed them the entrepreneurial side of Indian business," said Cobell. The Mashantucket-Pequot visit will likely be the first of many from tribes around the country, said Cobell. "That visit was just the first step," she said. Copyright c. 2003 Golden Triangle Newspapers. --------- "RE: More Indians choosing North Idaho College" --------- Date: Thu, 9 Oct 2003 08:22:56 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NIC RECRUITMENT" http://www.spokesmanreview.com/~s1421644&cat=section.tribal_news More Indians choosing NIC Recruitment effort, tuition break bring diversity to Post Falls school Taryn Brodwater Staff writer October 8, 2003 Andrae Domebo was the state's high school basketball player of the year when Darrell Tso first made an effort to recruit him. Tso, North Idaho College's minority student adviser, invited Domebo to visit the school. Now, two years later, Domebo is playing basketball for the college and finds himself in the company of a growing population of Native American students. "You see them everywhere now on campus," said Domebo, a member of the Nez Perce Tribe from Lapwai, Idaho. North Idaho College has 106 Native American students enrolled this year, double the number of Native Americans enrolled about five years ago. Tso credits the record enrollment to NIC's increased recruiting efforts. It helps, too, that registered members of a handful of tribes from neighboring states can attend the college at in-state tuition costs, he said. The college's American Indian Student Alliance sponsored a luncheon Tuesday so Native American students could meet one another and build friendships. "It's not easy going around campus and seeing an Indian student and just going up to say `Hi' to each other," Tso said. About 30 students attended the luncheon. Rachel Ellenwood learned about NIC from her friend, Ricky Jones, who first met Tso at a college fair in Lapwai. Later, they saw Tso at a powwow. Both students -- members of the Nez Perce Tribe -- decided to attend NIC. "There's nine of us from Lapwai here," said Ellenwood, a 20-year-old nursing student. "I like it up here. It's kind of like home." Tso said much of his recruiting takes place at powwows and other tribal celebrations. He's discovered some students -- like Nat Deswood of Farmington, New Mexico -- through NavajoTimes.com. Deswood was New Mexico's high school basketball player of the year and featured in a Navajo Times article. Alene Plumage is vice president of the American Indian Student Alliance and studying to be an administrative assistant. She came from the Assinaboine-Blackfeet Tribe in Fort Belknap, Mont. The club is only in its second year, but Tso said it is one of the most active clubs on campus. Members were involved in planning this weekend's Yap-Keehn-Um Powwow at NIC. Plumage said the group provides a way for Indian students to meet and "form a camaraderie." "We're kind of a support for each other," Plumage said. Even though she came from out of state, Plumage said she is able to attend NIC at in-state prices. She said the tuition break could be the key to even greater increases in the number of Native American students. "It will be great for more students to come from broader places," she said. "It will pull more Indian students into the area." The Coeur d'Alene Tribe and several other tribes used to gather at the site where NIC was built for fishing, dancing, gambling and special ceremonies. Members of any of the tribes that gathered there are eligible for in-state tuition, including the Kalispel, Colville and Spokane tribes in Washington, and those from the Flathead Indian Reservation in Montana, Tso said. Instructor Tom Flint said the college first started looking at ways to increase Native American enrollment about a dozen years ago. All of the college's departments and divisions were working on developing goals and objectives. One issue that came up was campus culture and diversity. "Somebody in the division wondered what we did for Indian students on campus," Flint said. "We all looked at each other and nobody knew anything about what we did for Indian students, or if we even had Indians here." Flint chaired a committee that was formed to find ways to make NIC more welcoming to Native Americans. He visited a tribal college in Montana and talked to the Indian Studies director, who suggested NIC work closely with the local Coeur d'Alene Tribe. In 1997, NIC and the Coeur d'Alene Tribe agreed to the Nine-Point Plan. The plan called for increased recruitment of Native American students and everything from putting more Indian art on campus to naming buildings, streets and classrooms after tribal leaders or cultural events. The college now has an American Indian Studies program and plans to build a "longhouse" or cultural center where Native American students can gather and others can come to learn about their culture. "We want to try and create an environment that's a home away from home," Flint said. Taryn Brodwater can be reached at (208) 765-7121 or by e-mail at tarynb@spokesman.com. -- Spokane, Wash., Coeur d'Alene, Idaho and the Inland Northwest Copyright c. 2003, The Spokesman-Review. --------- "RE: Renovations just the start of changes at BCC" --------- Date: Thu, 10 Oct 2003 08:04:34 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BLACKFEET COMMUNITY COLLEGE" http://www.goldentrianglenews.com/~/news/news2.txt New buildings, renovations just the start of changes at BCC BY JOHN MCGILL, GLACIER REPORTER EDITOR October 10,2003 "We're growing fast," said Blackfeet Community College President Terry Whitright Friday. "The student population has gained about 250 students over the last three semesters, and that means additional facilities, instructors and resources." The college president said he is very pleased to announce BCC's having found another funding source, the HUD/TCUP program administered by the U.S. Department of Housing and Urban Development. The program is called the Tribal College and University Partnership, and through it money is available to tribal colleges for facilities and infrastructure. "That means money to develop buildings, grounds, maintenance, student parking, landscaping, demolition and renovating Academic Affairs," Whitright said. Facilities Committee member Dana Pemberton said her group works closely with all the departments at BCC to assess their needs and those of the students. Those needs, once identified, are prioritized and when the money is available, the items on the list are addressed. "All the work is designed to be done by students in the building trades, " Pemberton explained. "So there's a strong collaboration between BCC and the faculty using local small businesses and resources." BCC has started many projects over the last three years, including buying the old Blaze Construction building across U.S. Highway 2 from the college - a buy that included two buildings and 9.7 acres of land. The main "Lodgebuilder" office now contains a modern shop, 10 offices, two classrooms and a computer lab. Ron Blomquist explained the autocad computer lab used to be a two-car garage that BCC students turned into a room devoted to architectural design. In addition, the college bought the Duane Ladd property, including a house, shop and two lots for future development. BCC also put $110,000 into renovations to the old Math/Science building, turning it into a home for the new national Vo-ed program, and they installed a state-of-the-art chemistry lab in the old BLS facility. Outside, the college has put about $107,000 into landscaping and paving the campus. All the walks are ADA compliant, and the whole thing is watered by three wells dug by BCC for the purpose. Future plans include a possible buy of the Aubrey Ranch (Hobsen Ranch) immediately adjacent to the campus. If the property were acquired, said Terry Tatsey, the college could use it for student housing as well as a place for BCC's ag department. Just up from BCC's new Vo-ed department is the college's new maintenance building. While Smokey Henriksen said BCC had no maintenance department in the past, with regulations requiring a person who is certified in boilers to be onsite, BCC is now turning an old Quonset hut into a storehouse and maintenance workshop. Not only will the new building allow repairs to be made at BCC, Henriksen said it will also allow the college to start buying supplies in bulk. Copyright c. 2003 Golden Triangle Newspapers. --------- "RE: Jena Choctaw Land will have Federal Protection" --------- Date: Sat, 11 Oct 2003 10:13:53 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="JENA" http://www.pechanga.net/ http://www.nola.com/~Choctaws-Land&&news&newsflash-louisiana Jena Choctaw land soon will have federal protection The Associated Press 10/10/03 8:42 AM JENA, La. (AP) -- The Jena Choctaws soon will have their first federally protected land -- 40 acres in Grant Parish and three tracts totaling almost 7 acres in LaSalle Parish. It does not plan a casino on any of the tracts, Tribal Council Member Arthur Fisher said. The U.S. Bureau of Indian Affairs published notice Oct. 7 that the federal government has entered the final stages for accepting the four parcels. That will make the properties recognized Indian lands, rather than just land owned by an Indian tribe, exempting the land from taxes and giving it federal protection, a bureau official explained. "It gives the tribe a land base," said Howard Bemer, acting deputy regional director in the bureau's Nashville office. Once the action becomes final, within 30 days, only Congress could take it from the tribe, Bemer said. Three parcels, from 1.29 to 3.18 acres, are in LaSalle Parish, where the band is headquartered. The 40.29-acre Grant Parish parcel, including a 50-foot-wide right of way connecting it to U.S. 167, was given to the tribe in 2001 by Mike Wahlder. The move upset opponents of gambling in the area, though tribal officials said they didn't plan a casino there. Fisher said the tribe's long-range plans include housing and possibly medical and educational facilities. Tribal representatives also have talked about an industrial park. "That would all depend on the financial capabilities of the tribe," Fisher said. For now, the tribe must wait until it can raise more money. "There's no plans for any type of construction to be considered right now," Fisher said. "It would be quite sometime before we could build any type of facility on any of those properties." Copyright c. 2003 NOLA.com. --------- "RE: Chippewa care for lakes of the North Woods" --------- Date: Wed, 8 Oct 2003 08:13:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="LAKES KEEPERS " http://www.owlstar.com/dailyheadlines.htm http://www.madison.com/wisconsinstatejournal/local/58257.php Chippewa care for lakes of the North Woods October 6, 2003 Ron Seely Environment reporter LAC DU FLAMBEAU - On spring nights more than 100 years ago, the glow of birch bark torches could be seen on the lakes here as the members of this Chippewa band speared fish in an ages-old tradition. In fact, that image of Indians holding torches aloft as they fished accounts for the name given this particular band's home by French fur traders - Lac du Flambeau or "Lake of the Torches." Fish, like rice and other wild food, has long been an important part of Chippewa life and culture. The fish is an important symbol and one of the seven clans in Chippewa culture is named the Fish Clan. Sometimes called the Water Clan, it is traditionally made up of the band's intellectuals. So important is fishing to the Chippewa that the tribes lived through years of violent spring-time protests in the early 1990s to re-establish their rights to spear walleye and other fish on off-reservation lakes. The courts upheld that right, reserved in treaties the tribes signed in the mid-1800s. Today, tribal members take to the lakes in the early spring and spear in peace. And while protesters argued that spearing would damage the fishery, research has shown little impact. Just as in the past, fish remains an important part of the Chippewa diet. Rare is the freezer on the reservation that doesn't contain filets from one of the reservation's lakes, perhaps even big walleye from the latest spring spearfishing season. Fred Allen still spears in the spring just as his grandfather and great-grandfather did. And, just as his ancestors did, Allen said he spears to provide food for those who need it. "Most of the fish usually go to my aunts and uncles," Allen said. Dee Mayo, a tribal council member and an environmental specialist for the band, said this sharing of the catch is not unusual and added that with more tribal members trying to return to traditional ways, the food provided by the reservation lakes and forests is even more important. "Eating wild rice and fish and deer, that's our traditional way," Mayo said. "That's a part of our traditional culture to have that food. Without it, with the government food like cheese and sugar, we have had to deal with things like diabetes, which we never had before." Partly because fish are so important, both for subsistence and for cultural reasons, the Lac du Flambeau band takes particularly good care of its lakes with strictly enforced shoreline ordinances, an extensive water quality monitoring program and close attention to problems such as invasive species. The reservation's lakes, streams and wetlands, according to Larry Wawronowicz, deputy administrator of natural resources for the tribe, are at the very center of the band's identity. Of the reservation's 86,630 acres, more than half is covered by lakes and streams or marshes. "We're the wettest reservation in Wisconsin, we like to say," said tribal member Carl White, manager of the band's fish hatchery. Talking with tribal members such as White, one senses a quiet pride in the reservation's lakes and healthy fishery. White spends his days thinking about fish. The hatchery he manages is the largest of all reservation fish hatcheries in Wisconsin and one of the busiest anywhere in the state. It stocks between 30 and 40 million walleye eggs a year in reservation lakes and more than 1 million muskie eggs. The stocking benefits everybody because the Lac du Flambeau lakes are open to anyone for fishing and are among the most popular in northern Wisconsin. Though the hatchery is computerized, which keeps track of water temperature and quality, White and his crews still take to the lakes in the cold of early spring to gather eggs while the walleye are spawning. It is often freezing and sleet and snow aren't uncommon. Still the eggs are collected and out there in the weather, White relies on knowledge that has been in the band for generations. "It's been the same for a long time," White said. "You can't use computers out there on the lake, you just have to know things. Like when the perch start coming in, that means the walleye are done spawning." Other reservations also value their lakes and fisheries. George Meyer, former secretary of the Department of Natural Resources under Gov. Tommy Thompson, has high praise for the Lac Court Oreilles Chippewa for their stewardship of the Chippewa Flowage. He said that at least partly because of the band's care of the flowage, the island-filled lake offers fishing very similar to what anglers might find much further north in Canada. The band's care of the lake is particularly poignant because the flowage covers burial grounds, villages and rice beds of the Lac Court Oreilles, who lost a battle in the 1920s to keep the Wisconsin-Minnesota Light and Power Co. from damming the Chippewa River. In far northern Wisconsin, on the shores of Lake Superior, the Red Cliff Chippewa have long been dependent upon fish from the largest of the Great Lakes. Today, the band is one of the leaders in efforts to reintroduce coaster brook trout, an important species for sport fishing in Lake Superior that was all but gone. Such efforts are important for any number of reasons. But to Steve Carpenter, a limnologist with the UW-Madison who has spent years studying the North Woods and its lakes, Wisconsin's reservations may be among the most important repositories of a North that, elsewhere, is quickly disappearing beneath summer homes. In an aerial survey of 235 lakes in northern Wisconsin, the DNR found that since 1965, two out of every three previously undeveloped lakes has had some level of development. According to the agency's study, the greater the size of the lake, the greater the level of development; a 500-1,000 acre lake now has nine times the number of homes it had in the 1960s. So, what the tribes are doing may be much more important than many may realize, Carpenter added. Bands such as the Lac du Flambeau, Carpenter said, are taking innovative approaches to environmental problems that neighboring towns and counties might do well to emulate. He said the Lac du Flambeau band, for example, is looking for effective ways to deal with two of the North's most pressing environmental problems - invasive species and shoreline development. One example, Carpenter said, is how the Lac du Flambeau handled the problem of rainbow smelt, a non-native fish species that has invaded lakes in the upper Great Lakes region. The smelt eat small walleye and so threaten populations of that popular gamefish. In some lakes where rainbow smelt show up, the walleye population dropped dramatically within a few years, Carpenter said. Long before anyone else had addressed the problem, the Lac du Flambeau band figured out a way to deal with the smelt that had infested Fence Lake, one of the reservation's best fishing lakes, Carpenter said. The band re- introduced a native fish called cisco, a natural predator of the smelt. It also placed a new size limit on walleye so there would be more larger fish to feed on the smelt. The numbers of smelt plummeted and the walleye fishery prospered. "The tribe was among the first to figure this out," Carpenter said. Wawronowicz, who oversees the tribe's natural resources, also said the band was working long before anyone else to keep zebra mussels from showing up on reservation lakes. He said efforts included posting notices at boat landings and educating anglers about how to avoid spreading the mussels, which can multiply so rapidly that they take over a lake and destroy many native species of plant and marine life. So far, perhaps because of the early education efforts, the mussels haven't been a problem, Wawronowicz said. Controlling development of valuable shoreline has been more difficult. One problem, according to Wawronowicz is that 40 percent of the land on the reservation is owned by non-Indians. That's the result, partly, of a failed government policy called allotment, under which reservations were divided up by the government and allotted to tribal members. The theory was that by owning land, the tribal members would become more assimilated into mainstream society. The policy was a disaster because many tribal members failed to pay property taxes on their land, which was then sold - frequently to non-tribal members. That's why the reservation is a checkerboard of private and tribal land. To control excessive shoreline development, the band has passed shoreline ordinances that are not only tougher but also more likely to be enforced than town, county or state laws, according to tribal council member Mayo. The ordinance requires any building to be 75 feet from the water's edge. On waters the tribe deems exceptional - those that have particularly high water quality and little development - the setback is 200 feet. But the ordinance only applies to land under tribal ownership. So, despite the band's best efforts, Wawronowicz said, enormous vacation homes get built and natural shorelines destroyed. Although a few of those homes may belong to tribal members, he added, many are owned by wealthy non- Indians. They bring with them a way of looking at a home's landscape that is much different than the traditional Indian view. "They come from the city where you have to have a square lawn and no weeds," Wawronowicz said. "And you can't have so much as a lily pad in front of your dock." Still, the band tries to work with landowners to educate them about how a natural shoreline is better for both water quality and the health of the fishery. Mayo said that each year the band has a lakes festival at which information about proper shoreline management is distributed. The band even makes a video, she added, to help homeowners and builders. Most important, according to John Koss, the band's water quality specialist, is that people learn the difference a natural shoreline can make when it comes to water quality and fish habitat. By ripping out the natural, wooded shoreline and removing weeds and building a rock retaining wall, a homeowner destroys areas where fish can spawn and hide from predators, Koss said. And, Koss added, when homeowners replace the natural shoreline with a manicured lawn and then treat that lawn with chemicals and pesticides, they end up polluting the lake. "You've got million dollar homes," Koss said, "where they just aren't real sensitive. They flatten everything out, take out all the vegetation, put in riprap. You've really altered the shoreline habitat. And then they put in these humongous, well-manicured grounds." The band has science on its side. Carpenter, the UW-Madison limnologist, has done extensive studies of northern lakes that have shown those lakes with natural shorelines have much healthier populations of fish and better water quality. And the band has years of data from its own monitoring program, according to Mayo. Water quality testing on the reservation's lakes between 1990 and 2000 shows that those lakes with more development and more shoreline destruction have poorer water quality, she added. "We can show how development affects water quality," Mayo said. In addition to tougher shoreline ordinances, better enforcement and education, the tribe is seeking approval from the Environmental Protection Agency to set even more strict water quality standards. It's a move several tribes have taken, using their status as sovereign nations to set higher standards for air and water quality so they can better protect their resources. The Forest County Potawatomi, for example, recently won a long legal fight for tougher air quality standards. Such efforts, according to Carpenter, are important for everyone, not just tribal members. If bands such as the Lac du Flambeau find a way to stem the tide of development and shoreline destruction that is changing the face of the North Woods, then perhaps other communities can follow that path toward a different future. Perhaps, Carpenter said, the most important lesson to learn from Wisconsin's Native Americans is that planning for the future means planning for generations to come, not just for five or ten years from now. "That's a really important part of their approach to the world," Carpenter said. "They think generations into the past and generations into the future. And they plan on being there." Copyright c. 2003 Wisconsin State Journal/Madison WI. --------- "RE: Potawatomi push to protect the Forest" --------- Date: Thu, 9 Oct 2003 08:22:56 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FOREST PROTECTION" http://www.owlstar.com/dailyheadlines.htm http://www.madison.com/wisconsinstatejournal/local/58328.php Potawatomi push to protect the forest October 7, 2003 Ron Seely and Craig Schreiner Wisconsin State Journal CARTER - As he walks through the forest on the Potawatomi reservation here, Bill Daniels sees more than just plants and trees. He sees medicines and foods his people have relied upon for years. Daniels is not a scientist, but his knowledge of the forest and its gifts is impressive. What he knows did not come from books or a college education. It came from a deeper, older place - from the teachings of his father and other elders, from the stored memory of a people that has long lived in and relied upon the forest. Like many members of the Potawatomi band, Daniels collects plants from the reservation forest, both for food and for healing. Now an elder himself, Daniels is passing on his knowledge. Daniels has also shared some disturbing observations with tribal leaders. Daniels worries that the rich plant life of the reservation forest is changing, that air pollution is killing or weakening everything from birch trees to milkweed. He is not alone. Other tribal members are seeing the same thing, according to Therese Hubacher, the band's air quality specialist. "There have been people noticing that some of the plants seem damaged," Hubacher said. "We've done some plant surveys and I don't know whether we yet have the numbers to prove it, but many believe lichens and other plants are actually accumulating toxins from the air." Tribal conservation officials such as Hubacher place considerable faith in the hard-earned expertise of woods-dwellers like Daniels. So they listen when Daniels and others start talking about plants that don't look as green as they used to or medicinal plants that seem to have mysteriously lost their healing powers. The connections between ailing plants and air quality seemed so compelling that in 1995 the tribe sought approval from the U.S. Environmental Protection Agency to set air standards on the reservation more rigorous than those in surrounding towns and counties. The EPA granted the request in 1999, making the band one of six tribes in the nation to use its status as a sovereign nation to seek tougher air standards. This is no small matter to Daniels and others in the band who still rely on the forest and its gifts. Daniels is as at home in the forest as he is in his own living room. And a walk through the woods with him is a lesson not only in seeing but also in ancient knowledge of plants and their use. In the midst of the forest, Daniels stops near a chest-high plant with broad green leaves. It is, Daniels says, the green milkweed, and its flower is popular among tribal members for cooking. He shows how to pluck the flower cleanly from the plant. The milky white sap from the plant can be used as a skin treatment, Daniels says, and is especially good for reducing warts. So many other plants also have their uses, Daniels says as he walks. A common plant called pigweed is used to heal cuts. Raspberry and blackberry leaves are brewed into tea. Identifying and collecting these plants has always been a joy for Daniels. But some of that pleasure has been tempered in recent years by a nagging worry. The changes he sees in the plants he has collected for years are disturbing. The green of the milkweed is paler, he says, and its medicine doesn't seem as strong. "The air really affects everything," Daniels says. "Pollution really affects everything for us . * Today, we're losing our medicines. They're weak. Years back, the medicines were so strong they would heal us in a day." Daniels has watched such changes for some time. In the Potawatomi woods, he points to a dying fir tree. "Years back, I never seen anything dead like this," Daniels says. "The trees are lighter in color now. Even our fir trees are not as green as they used to be . * The elm was a good resource for us. The elm is gone. The willows are going. The birch is going. The basswood is going. Moss is vanishing. There are no blueberries in the swamp anymore." Daniels is not alone. In far northern Wisconsin on the Red Cliff Chippewa reservation, Marvin DeFoe has seen similar changes. Because he builds traditional birch bark canoes, he is particularly worried about the birch trees. He frequently visits the Potawatomi reservation to teach classes in birch bark canoe building and was there during the summer months. He noticed birch trees dying in the woods, just as they are on his own reservation. "I spend a lot of time in the woods," DeFoe said. "And I see a lot of different things. Not too long ago I went into the woods to get bark and I went to a tree but the bark wouldn't peel. I looked up in the tree and all the leaves were gone. It affected me so much I fell to the ground. "We believe these trees are alive and we ask for a piece of their skin," DeFoe continued. "But the birch trees are dying all around Lake Superior. The canoe trees are in danger of becoming extinct." These are not, it turns out, far-fetched worries. Science is beginning to confirm what Daniels and DeFoe have been seeing on their treks through the forest. Since 1992, Ed Jepsen, a plant pest and disease specialist with the Department of Natural Resources has been studying the impact of ozone on milkweed, one of the plants collected most frequently on the reservation for food and medicine. Jepsen has studied many plants to see if they might be used as bio-indicators, plants that would alert scientists to the impacts of air pollution, especially ozone. Jepsen found that milkweed is very sensitive to ozone. "In fact, it probably is, as a genus, more sensitive than all the other bio-indicator plants that we have," Jepsen said. Also, research by UW-Madison forest ecologists in northern Wisconsin shows that rising ozone levels dramatically decrease the growth of aspen and birch trees. And Richard Lindroth, a UW-Madison insect ecologist involved in the study, said it is likely that plants are also affected. "We've certainly known," Lindroth said, "that atmospheric pollution can and does affect the health of plants and even their chemical composition, reducing protein levels and increasing sugars." It probably isn't coincidence, then, that Daniels and DeFoe have seen changes in the woods. Nor does it seem unusual that the Potawatomi would try to use all the legal tools at their disposal to protect a resource that is so important to tribal members. In fact, the Potawatomi history is replete with such fights, all of which help put the current environmental struggle in perspective. There was a time, tribal member Jim Thunder says, that the Potawatomi had no home at all. Thunder knows the stories of the Potawatomi as well as anyone. He is an elder and a former tribal chairman, and he has heard the tales from those who have lived part of that history, his grandparents and others whose memories reach back over the years to a time when the Potawatomi had no home, no land to care for. Thunder told the stories while traveling across the reservation. Outside the landscape rolled by as Thunder spoke, forested hills and small clearings with modest homes or trailers. It seemed not that much different from other northern Wisconsin landscapes. But, as Thunder spoke, the land came alive with his stories. It was as if Thunder, with his deep and musical voice, was peopling the woods and villages of the reservation with the ghosts of a tragic but remarkable past. There was a time, Thunder said, when the Potawatomi were one of the most powerful tribes in the Upper Midwest, controlling millions of acres in Ohio, Indiana, Illinois and Wisconsin. But over the years, treaties with the United States government took away almost all of that land. In fact, Thunder said, the Potawatomi signed more treaties with the government - 42 in all - than any other tribe in the country. The first of the treaties was signed in 1795 in Ohio. The largest loss came in 1833 when the Treaty of Chicago took more than 5,000,000 acres. White expansion was so rapid, one Potawatomi chief complained, that "the plowshare is driven through our tents before we have time to carry out our goods and seek another habitation." Throughout the 1830s, Thunder said, the Potawatomi were also forced by the government from their ancestral lands. President Andrew Jackson had signed the Indian Removal Act in 1830 calling for all Indians living east of the Mississippi to be moved to land set aside for them west of the river. At least one band of Potawatomi was rounded up by soldiers and led on foot out of Wisconsin west into Oklahoma and Kansas. It was a nightmarish journey. Five or six members of the band died each day from lack of food and water. The Potawatomi still refer to the trip as the "Trail of Death." But many members of the band refused to go, Thunder said, choosing instead to take refuge deep in the forests of their homeland in north- central Wisconsin. "Some escaped," Thunder said. "One of those who escaped was my grandfather. Many people fled into the bush." So it was, Thunder said, that the forest provided a haven and shelter for the Potawatomi. The forest was big enough in those days, he said, that people could disappear. They built homes from bark and hunted deer and collected plants for foods and medicine. And, Thunder said, they moved deeper and deeper into the woods, hiding and hoping the soldiers would not come after them. These Potawatomi who stayed behind, Thunder said, became known as people without a home. They were called the "Strolling Potawatomi." After having once presided over as many as 300 million acres in the Great Lakes region, the Potawatomi who had stayed behind were landless because they had refused the government's order to leave. But, unlike the tribal members who were relocated or those other groups who ended up in places as far-flung as Mexico (some of them actually joined the Mexican Army in its siege of the Alamo), the Potawatomi who hid in the forests also stayed close to their cultural roots. In 1909, this homeless group of Potawatomi - about 457 were living near Laona in Forest County - was visited by a U.S. Senate committee convened to hear the band's grievances about the loss of their land and the lack of a reservation. The senators were surprised to find a resilient people who had not lost their political structure or tribal identity or even their language. Few of the Potawatomi spoke English and their chief, Kish-ki-kam, spoke for them, telling the senators the tribe wanted land in one piece. Finally, in 1913, the Strolling Potawatomi found a permanent home. With money promised them in the 1833 treaty, the Treaty of Chicago, the band purchased its 11,444-acre reservation between Crandon and Wabeno in Forest County. Thunder finishes his story, pauses and adds with a smile: "So, it took 200 years for us to get land that was promised in those first treaties. We lost a lot of attorneys; they died of old age. And we finally got paid for Chicago. Of course, by that time, we didn't want it anymore." Though sad, the inspiring history of the Potawatomi goes a long way toward explaining their passionate attachment to their land and to its health. Both because their ancestors struggled to get the acreage and because their culture and spirituality is rooted in the land, the Potawatomi are devoted conservationists. Many in the tribe, like Thunder, are tied closely by story and blood to those days when the forest meant shelter and safety. Paul Johnson is head of communications for the tribe and though he isn't a tribal member, he appreciates the Potawatomi emphasis on environment. "Environmentalism isn't a movement to the Potawatomi," Johnson said. "It's a way of life. It goes beyond politics. Really, what the Potawatomi are trying to do is to maintain a quality of life by taking a holistic approach." Just as the tribe's history has been full of turmoil, the recent efforts to establish tougher air standards has been met with criticism from several quarters, including the DNR and local governments that fear the tribe will gain too much influence over decisions regarding power plants and other polluters. It's still unclear what the full impact of the new designation will be. But, because of the change, the state will have to put tougher regulations into place for smokestack industries, such as paper mills and utilities, within 62 miles of the reservation. The most stringent requirements would apply to projects within 10 miles of the reservation's boundaries. Communities within the area affected by the designation include Rhinelander, Crandon, Tomahawk, Merrill and Antigo. While other tribes in Wisconsin have not sought tougher air quality standards for their reservations, several have petitioned the EPA to set more stringent water quality standards. The Mole Lake Chippewa band fought and won a court battle to set higher water standards. Now, according to Hubacher, the Potawatomi air quality specialist, the band is conducting scientific monitoring at several places on the reservation. She said the monitoring will provide baseline data to cite when pollution permits are sought within the area regulated by the tribe. "When a major source requests a permit," Hubacher said, "that's when the tribe will be able to use its authority." To tribal leaders such as Jim Thunder, winning the fight to set environmental standards is no small victory for the Potawatomi and is testament to the perseverance of a people who less than one hundred years ago had no land on which to build their homes. Copyright c. 2003 Wisconsin State Journal/Madison, WI. --------- "RE: Health Policy activism urged" --------- Date: Sat, 11 Oct 2003 10:13:53 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NATIVE WOMEN" http://www.owlstar.com/dailyheadlines.htm http://www.billingsgazette.com/2003/10/11/build/state/50-health-policy.inc Health policy activism urged By BRYAN O'CONNOR Of The Gazette Staff October 11, 2003 Native American women who feel powerless or don't know where to turn can take action to affect public health policy. Members of the American Cancer Society offered suggestions during one of the meetings in the first Montana American Indian Women's Health Conference on Friday. Aimed at improving the lives of women by promoting good health, the one-day conference was held at St. Vincent Healthcare's Mansfield Health Education Center. Kristen Page Nei, the Montana Advocacy Manager for the ACS, said everyone has the ability to make a difference. Sometimes, it's a matter of convincing others to believe that and act on it. "Individuals can have an influence," Nei said. "Just by educating people to let them know they can talk to their legislators. We're all lobbyists." Several of the participants, mostly Native American women in health- related fields, said they thought cultural barriers were a major problem. Brian Lee, a Regional Advocacy Manager for the ACS, said he agreed. "Cancer is not a word in Navajo," Lee said. "That makes it even more difficult to explain." Nei mapped out several ways for people to influence a congressman when advocating a cause. Suggestions included making pamphlets, gathering signatures on petitions, taking out an advertisement in a newspaper, writing letters, networking with like-minded organizations and others. One of the most powerful tools the ACS members presented was grass-roots method of organizing groups of people to call or write politicians to explain what they want. If possible, face-to-face meetings are the most effective means of persuasion, Nei said. A state legislator who attended the session said an election year is prime time to contact your representatives. Rep. Norma Bixby, D-Lame Deer, said politicians want to keep their constituents happy, so those who speak up are often rewarded. "Ask them where they stand and tell them what you want," Bixby said. "If they disagree, walk away and tell them you won't vote for them. That will get their attention." Looking for partnerships with other organizations can be very useful, Nei said. For example, if your cancer group is advocating a piece of legislation, it stands to reason that members of a diabetes group would rally to your cause. Attracting larger organizations or even other tribes or racial groups can also be beneficial, she said. Copyright c. The Billings Gazette, a division of Lee Enterprises. --------- "RE: Nault says Native reform bill dead" --------- Date: Sat, 11 Oct 2003 10:13:53 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="C-7 KILLED" http://www.owlstar.com/dailyheadlines.htm http://www.canada.com/search/story.aspx?id=155291ba-b37b-40d1-a448-f6fd6078b744 Native reform bill dead Nault says it won't pass before Martin replaces Chre'tien Bill Curry The Ottawa Citizen Saturday, October 11, 2003 The Chre'tien government's highly contentious attempt to reform political and financial accountability on First Nations reserves is dead, says Indian Affairs Minister Bob Nault. "It's not possible. We all know that. (The First Nations Governance Act) will not pass before the changeover, the transition, between Prime Minister (Jean) Chre'tien and (Paul) Martin, and I think that's obvious," he said this week in a candid interview with CanWest News. The bill was a centrepiece of Mr. Chre'tien's legacy agenda that he spelled out in the fall 2002 throne speech to explain why he needed another 18 months in office. The bill is stalled in the House of Commons. It could be passed if the government were to block the opposition's filibustering with closure, but the prime minister has spent the fall session shying away from potential showdowns with his own caucus, and the bill has become a thorny issue since Mr. Martin condemned it last March. After a year fiercely defending the bill, Mr. Nault now admits to a sense of frustration. "Am I surprised that politics has potentially derailed, for the time being, what I consider to be a fundamental piece of legislation? Yes I am frustrated," he said. "But not to the point that you should resolve yourself to failure." Many aboriginal leaders opposed the bill, arguing that they were not properly consulted and that it did not give individual bands the freedom to draft their own accountability rules. However, other native groups and commentators across the country praised the bill as a bold first step to ensure the more than $7 billion in federal funding for First Nations is spent wisely and produces results. Despite the refusal of the Assembly of First Nations (AFN) to work with the government on the bill, Mr. Chre'tien and Mr. Nault pushed the legislation through the Commons and into committee, where MPs crossed the country hearing almost 200 witnesses, most of whom spoke against the legislation. But it wasn't until Mr. Martin sided with the bill's critics last March that its progress in the House slowed to a crawl. Mr. Martin's comments sparked a significant controversy, given that it was the first time the leadership frontrunner had clearly opposed the prime minister on a major government policy. His comments also provided new ammunition to former AFN leader Matthew Coon Come, who put Mr. Martin's comments front and centre in an open letter to the prime minister calling on the bill to be abandoned. Mr. Martin would later backtrack somewhat, meeting with senators to discuss ways the legislation might have been improved. As the House broke for summer recess, the prime minister continued to insist the bill would become law under his watch, but the damage had been done. Despite the frustration at losing the battle over the bill, which Mr. Nault maintains would have gone a long way to improve the lives of First Nations people, he said there is a small window of opportunity for positive change now that Phil Fontaine has replaced Mr. Coon Come as national chief of the Assembly of First Nations. Fontaine and Nault have already had several face-to-face meetings, and while the new native leader also opposes C-7, Nault has asked Fontaine to put forward a proposal that would meet Ottawa's desire for accountability without upsetting First Nations leaders. Nault is hopes a new, AFN-approved version of the bill, could be re- introduced by a Martin government with a new round of consultations. Hearings on the original piece of legislation were estimated to have cost at least $15 million. Copyright c. 2003 The Ottawa Citizen. --------- "RE: Alberta provides Model for easing Natives' Misery" --------- Date: Sat, 11 Oct 2003 10:13:53 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ALBERTA HELD AS EXAMPLE" http://www.owlstar.com/dailyheadlines.htm http://www.canada.com/~75abc734-cf74-43e5-831f-82a6d3752291&disp=e&end Alberta provides model for easing natives' misery Don Martin CanWest News Services Friday, October 10, 2003 The traditional aboriginal cycle of despair is about to claim another victim. And this time it's not the First Nations. It's the cabinet minister. Indian affairs ministers don't live long or prosper in federal politics. Their average lifespan is roughly two years. After four years in this doomsday portfolio, that means Robert Nault has the look of sawdust on the floor in Paul Martin's cabinet-building shed. That's a shame. All the throne speech promises of the Chretien era have added up to billions more in spending only to achieve the usual proficiency in the same old problems. "The status quo is literally killing First Nation citizens," shrugs a frustrated, candid Nault. He has a better idea and a lot of legislation ready to roll, but he's run out of political time to implement it. The role model, says this unabashed Liberal government fan of Ralph Klein's Conservative government (yes, you read that correctly), is in Alberta where the future of First Nations enterprise is unfolding today. Nault says all his government has to do is take off the handcuffs that keep a wary private sector from entering reserves in search of joint venture opportunities. Nault's got a pile of bills heading toward cabinet this month or next. But the pivotal part -- self-governance legislation bringing chiefs to heel in elections, bookkeeping and political transparency -- is about to get lost in the transition from the Chretien era to Paul Martin's administration. "It will not pass before the changeover," Nault admits -- and that means it will die. In his only unscripted outburst of the leadership race, Martin declared the bill seriously flawed and warned his government would not implement its provisions. It was an unfortunate declaration and rumour has it Martin regrets taking such a forceful unilateral stand knowing eventually he'll need to implement the spirit, if not the letter, of the legislation. But that'll take time to sort out, more months if not years of long, drawn-out consultation and negotiation. Until then, some First Nations will continue to be governed by chiefs elected under questionable circumstances, given tax-free salaries which, in extreme cases, are higher than the prime minister's with band books and records under wraps. Meanwhile, out in the Liberal dead zone of Alberta, Nault's dream province waits to be discovered and duplicated by all the provinces. "The most progressive province -- and this is going to ruin Ralph Klein's image -- is Alberta. They don't talk about it because it will probably embarrass their redneck friends." Phooey to the tired redneck reference, but Nault's use of the Alberta example is not misplaced. It's no panacea, of course. Reserve housing is in chronically short supply. Child poverty remains rampant. Band finances are a mess and, in some cases, under federal supervision. The scourge of suicide, particularly youth, remains epidemic. And Nault says 70 per cent of native children fail to graduate from high school. Bad, yes, but better than most. Be it the tar sands, where the province, the oil companies and natives are forming partnerships, the push by the Blood in southeastern Alberta to buy a refinery or the Tsuu T'ina Nation trying to create a lucrative industrial park on Calgary's old army barracks, Alberta's First Nations are opting for self-sufficiency now, self-government later. "The problem in First Nations is there's so much red tape that exists and there's a vacuum of legislation that allows things to happen," says Nault. His initiatives would kick-start training of a First Nations public service, resolve sticky liability issues, particularly the environmental consequences of industrial development, create resource revenue sharing opportunities and put federal money on the table to expand welfare, health and education benefits off reserve to those living in the cities. "Alberta's going to be the first in the country to do this. That drives me absolutely crazy. Ontario only leads the country in being the slowest in recognizing aboriginal rights and they have ignored aboriginal people to their own detriment. I can't get the NDP in Manitoba to even acknowledge revenue sharing, (yet) I'm very close to getting a resources sharing agreement with the Alberta oilpatch." It's blunt, almost careless talk from a cabinet minister, the sort of devil-may-care banter that may suggest he accepts the inevitability of a cabinet change or ouster. And that means another minister will walk the plank, leaving unfinished business behind. For Robert Nault, it must be even more frustrating knowing he leaves good bills on the table, a model of his vision working out West and the cycle of aboriginal