From gars@speakeasy.org Tue Dec 9 19:34:26 2003 Date: Tue, 25 Nov 2003 15:26:39 -0800 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews11.048 _ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' ____ _ , ___ _ , ___ / ' ) / / ) ' ) / / ' VOLUME 11, ISSUE 048 / /-< / /--/ /-- __/_ / ) (___/ / ( (___, 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 November 29, 2003 Hopi Kelmuya/Fledgling Raptor Moon Mohawk Kentenhko:wa/Moon of Much Poverty +-------------------------------------------------------+ | 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; UUCP email; News & Information Distribution and Frostys AmerIndian Mailing Lists; newsgroup: alt.native 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: + -- -- -- -- -- -- -- -- -- -- -- + ======================== "I was born upon the prairie where the wind blew free and there was nothing to break the light of the sun. I was born where there were no enclosures and where everything drew a free breath. I want to die there and not within walls." __ Chief Ten Bears, Yamparika Comanche +- -- -- -- -- -- -- -- -- -- -- -+ | 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! (More insight from Janet.) There's not a lot of doubt that providing the funding that enables terrorists to bring death and destruction into our communities and workplaces is unwise. However, handing an unrestricted blank check to a national police agency allowing them to rifle through business financial records without establishing due cause could be just as dangerous. Erosion from within of the government checks and balances the U.S. founders put in place (even "for our own protection) isn't significantly different from rule under a totalitarian despot -- in either case, the result is a governent by and for the powerful within the government. How does this connect to Indian country? An article (in this issue) from the Reno Gazette-Journal describes reaction to a 2004 intelligence authorization bill. Among the businesses singled out for unchecked investigation of financial records by the FBI without court order are Indian casinos, even though tribes are legally regarded as sovereign nations. Even if the casinos were not on sovereign land, and even if the law is not found unconstitutional (which it certainly may be), it's not hard to see that it flies against the spirit of the Constitution and the very ideas about justice and due process that American children are taught differentiates the U.S. system from others. The opportunities for corruption and abuse are evident. When targets may be the primary financial engine driving what had been impoverished, officially persecuted, dependent sovereignties (and certainly among the few financial opportunities not filtered through the fingers of the BIA), the odds this law will be misused grow. That the U.S. would even try to shove this heavy-handed policy down the throats of sovereign nations within its borders should be a matter of serious concern by the World Court and world press. Who's next to go under the heel of the U.S. FBI "for our own protection?" Janet Smith +/// owlstar@speakeasy.org P. O. Box 672168 /*/+ OwlStar Trading Post Marietta, GA 30008, U.S.A. + / * http://www.owlstar.com * + -=-=-=- WINTER REZ HELP -=-=- WINTER REZ HELP -=-=- WINTER REZ HELP -=-=- If you know of a reliable point where funds can be sent to assist these precious elders please drop me a note at gars@nanews.org and make the subject (all caps) WINTER HELP. -----> this list will remain up until January -----> PLEASE email gars@nanews.org with any updates/additions From: wn27 Subj: Winter Clothing Mailing List: Frostys AmerIndian Good evening, I was asked to request winter clothing, coats, boots, gloves, t-shirts, sweat shirts, etc. for the Waseskun Healing Center men from anyone in the vacinity of Montreal/Kahnawake who may have extras. Many of the men do not have warm clothes and are from the north, Atlantic Canada or Ontario. We can arrange to have them picked up. We can be contacted by e-mail (staff@waseskun.net) or by phone (450-883-2034) - Jo-ann. -=-=-=- From: "Brigitte Thimiakis" Subj: Urgent Winter Request To: =========================================================================== Urgent Winter Request for Donations - Winter 2003 Greetings, If you wish to make a difference and help children and elders through the harsh winter months in Montana, please take the time to read this request. On behalf of reliable Northern Cheyenne contacts from Lame Deer, we are once again collecting donations for those in need on the Northern Cheyenne reservation. The donations that you can send are: new and good quality used warm items, (clothing and blankets), as well as toys. The toys will be distributed during the Christmas give away but the clothes and blankets will be distributed right away. During Montana winters, the temperature can drop to 30 or 40 degrees below zero so warm winter clothing and blankets can be lifesaving. It is best if donations are received by Dec. 10th. Our goal is to help the children, the elders, the single parent families, or families unable to make ends meet due to the high unemployment rate, the difficult conditions and the extreme poverty on the reservation. We would like to help everyone we possibly can on the Northern Cheyenne Reservation who is in need, but our priority is the elders and children. The children need all the help and encouragement they can get. List of useful donations : - blankets - warm winter coats and clothing - socks, gloves, boots, hats and scarves - toys (educational toys included) - school supplies - They can also use grooming supplies like toothpaste, tooth brushes, soaps and shampoos, combs, hair brushes, hair barrettes, rubber bands or other types of hair or pony tail holders. Last but not least : pampers diapers or pull-ups. - There is a special need for men's winter coats, clothing, hats, boots, gloves and anything else that protects against the cold weather. The men's winter wear is for the Tongue River Homeless Shelter. Donations can be sent to the following address: Honor Your Spirit - Protect the Children % Sue Buck PO Box 901 Great Falls, MT 59403-0901 Please contact suemontana@mcn.net for mailing information other than regular US Mail service. (Also please include your name and address if you would like for us to acknowledge/confirm receipt of your donations.) If you cannot send items due to the shipping cost, you can still help by sending a money donation.Please be assured that it will be used only for the children and elders this winter and/or for their Christmas; even small amounts can help them. The address for money donations is the same as above. You will receive a receipt which may be used for tax purposes. Please contact us before you send money (email addresses listed below). The priority of our group, "Honor your Spirit - Protect the Children" is to make sure all donations get to where they are supposed to and recognized. It is very important to us to make sure that everything is distributed fairly and to those in the greatest need. Contact Info: Sue Buck, Project Coordinator, MT suemontana@mcn.net Brigitte Thimiakis, European Link thimiakischool@the.forthnet.gr If you would like to learn more about the donation projects, please read our Shipment and Group Project Status: http://www.geocities.com/honoryourspirit/shipment1.html Our heartfelt thanks to everyone for your support. "Your help makes a huge difference for those who have never received help.Your donations provide hope and encouragement to those who have never known these qualities. Your concern and solidarity can improve the lives of many children, elders, families, on the Northern Cheyenne Reservation. There is still a lot to do but all together you can help us make these dreams come true." Thank you for being a part of this project and supporting it. Manuel Redwoman, Northern Cheyenne/Lakota/Arapaho. <>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o Our group opposes all forms of child abuse, and believes that only awareness, prevention and support can reduce the number of children who suffer. Please visit our pages and our group against child abuse & violence. "Honor Your Spirit, Protect the Children" STOP CHILD ABUSE AND NEGLECT http://www.geocities.com/honoryourspirit/stopabuse.html http://www.geocities.com/honoryourspirit/home.html <>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o -=-=-=- WINTER REZ HELP -=-=- WINTER REZ HELP -=-=- WINTER REZ HELP -=-=- If you know of a reliable point where funds can be sent to assist these precious elders please drop me a note at gars@nanews.org and make the subject (all caps) WINTER HELP. -----> this list will remain up until January -----> PLEASE email gars@nanews.org with any updates/additions ohiyi Ani Oginalii , , Gary Smith Night Owl (*,*) gars@speakeasy.org P. O. Box 672168 (`-') gars@nanews.org Marietta, GA 30008, U.S.A. ===w=w=== http://www.nanews.org ----------- News of the people featured in this issue ---------- - Bill would force - N.B. Government to meet `No Warrant Record Surrender' on Wood Harvesting - Indian Trust Settlement: - Ottawa pays Native Bands Norton finally responds to help track Funding - Leaders skeptical of - Woman opens Council's Eyes Administration Pledges to Homeless Problem - Dakota say Government - Left for Dead mismanaged Land Trust in a Saskatchewan Winter - BLM pulls Tribal Parcel - Cop recalls from Gas Lease Auction first Stonechild Investigation - U.S. accord gives water to Shivwits - Clergy right sought - Past, Present for Medicine Man cloud Tribes' Meetings - Oneida Families seek - Indians discriminated against Federal Court intervention in Rental Market - Farmer arrested again - Indian Leadership mulls Sovereignty in Indian Land Feud - Navajos will fight - BIA takes over energy exploitation Cheyenne-Arapaho Police Department - Activist protests - BIA Officer dies treatment of Native-Americans of Injuries from Accident - History, Genealogy of Nanticoke - Janklow links Diabetes - Bison Roam in the Refuge to Fatal Car Accident - Medicine Wheel plans draw fire - Native Prisoner - Begay, Indian Leaders -- Harvard honors Tribal Program push importance of Health for Inmates - Increase in Natives - Rustywire: Dawn Girl at Univ. Alaska at Anchorage - Rustywire Poem: Hooshtah - Judge strikes down one - Verse: Hawaiian Book of Days Native Hawaiian Lawsuit - Sixth Annual NAMMY Award Winners - Boosting Aboriginal Dreams - CRIC Winter Market --------- "RE: Bill would force `No Warrant Record Surrender'" --------- Date: Sat, 22 Nov 2003 19:22:56 -1000 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NO WARRANT REQUIRED...KGB" http://www.rgj.com/news/~Local+News&sp5=RGJ.com&sp6=news&sp7=local_news Bill would force businesses to surrender records with no warrant By Thomas J. Walsh and Doug Abrahms RENO GAZETTE-JOURNAL November 22, 2003 Casinos, travel agencies and other businesses that handle large cash transactions would be forced to surrender financial records to the FBI without a court order, under a 2004 intelligence authorization bill that moved swiftly through Congress this week. The bill, passed by the U.S. House of Representatives on Wednesday and the Senate on Friday grants a broad expansion of the FBI's current counter-terrorism powers granted under the federal Patriot Act of 2001. That legislation allowed the agency to investigate records from banks, thrifts and certain other financial institutions with no need for a search warrant signed by a judge. The new bill seeks broader powers, and includes pawnshops, jewelry stores, car dealerships, the U.S. Postal Service and anyone involved in closing or settling a real estate deal. The bill goes to President Bush next. Supporters including Rep. Jim Gibbons, R-Reno, said the law is needed to help protect against terrorism. But some civil libertarians, casino operators and gaming experts said the law would unfairly interfere with privacy. "I think it's an overreaction," said I. Nelson Rose, a law professor at Whittier Law School in Costa Mesa, Calif. and an expert on gaming law. " Now, whenever there is a large quantity of cash, there is a fear that terrorists are using it. There's no evidence that terrorists are using casino cash." Frank Fahrenkopf Jr., president and CEO of the American Gaming Association in Washington, said the law also includes any business designated by the Secretary of the Treasury to have cash deals that might involve criminal tax or regulatory matters. He said he recognizes the need for more scrutiny, but balance is needed. "We always have a delicate balancing act between what is necessary and proper to protect out country from terrorism. "At the same time, one of the things we do in our industry is guard the privacy and the confidentiality of our customers and their business matters." Gary Peck, executive director of the American Civil Liberties Union of Nevada, said the provision is too broad and contains no oversight. "That sort of language is very elastic and can be stretched to include all sorts of things when there is no judicial oversight," said Peck. "There are no meaningful checks or limits built into that provision." Rep. Jim Gibbons, R-Reno, supported the measure because he believes terrorists have become more sophisticated in hiding transactions from the government, said his spokeswoman, Amy Spanbauer. The provision does not target simply casinos, she said. Gibbons believes that a person's privacy is not necessarily protected when he or she enters into a commercial transaction in which money is exchanged, Spanbauer said. "The congressman's belief is there are no constitutional protections for records that are held by a third party," she said. Sen. Harry Reid, D-Nev., speaking before the Senate vote Friday, said he thought the bill was not properly considered. "I am not convinced that these expanded powers are necessary," Reid said in an interview before the vote. "Especially given current concerns with the Patriot Act, I think we should take more time to look at this provision before moving forward." The Senate passed the bill by a voice vote with little objection, so Reid and Sen. John Ensign, R-Nev., have no recorded votes. Both senators expressed some concerns that the bill was overreaching but after the voice vote said they didn't oppose it. Ferenc Szony, president and chief executive of the company that owns the Sands Regency Casino & Hotel in downtown Reno and the Gold Ranch Casino in Verdi, said he believes the law would have little effect on his customers. "We always have to be cognizant of the burdens placed on legitimate, law-abiding citizens and protect their civil liberties, and we don't like to be stuck in the middle of a government investigation and our private customers," he said. "But really the only people that it's really going to be a concern for are those that have something to hide." Szony said that for casino executives, personal financial scrutiny is nothing new. "The gaming industry is already one of the most heavily regulated industries going," he said. "You're really in a fishbowl as far as your personal matters go." Robert Stewart, a spokesman for Park Place Entertainment Corp. - the largest casino company in the world and the owner of the Reno Hilton - said the company could not comment at this time. At the Nevada Gaming Control Board, chief of enforcement Keith Copher said he didn't think the expanded FBI investigative powers would complicate the board's own efforts. The FBI, Copher said, "have totally different reasons for needing the access. It doesn't affect us or how we do our jobs in any way." In addition to commercial casinos, the bill includes Indian casinos. An explanation of how that would work was not available at press time. Tribal reservations and lands placed in trust where casinos operate are considered sovereign nations under federal law. --------- "RE: Indian Trust Settlement: Norton finally responds" --------- Date: Thu, 20 Nov 2003 08:41:55 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TRUST" http://www.indianz.com/ http://www.newsok.com/cgi-bin/show_article?ID=1121868 Meeting on trust offered 2003-11-20 By Chris Casteel The Oklahoman WASHINGTON -- The Interior Department is willing to host a meeting about resolving the Indian trust lawsuit, Interior Secretary Gale Norton told two key senators this week. In a letter Tuesday to Sens. Ben Nighthorse Campbell and Daniel Inouye, the chairman and vice chairman of the Senate Indian Affairs Committee, Norton said her department "is committed to engaging in a bipartisan effort with members of Congress and with Indian Country to resolve the issues in this litigation in a fair and honorable way for all Americans." Norton, who is now the defendant in the class-action lawsuit filed in 1996 by Indians alleging their accounts were mismanaged, did not mention the plaintiffs or their attorneys in her letter or say that any mediation meeting should include them. Instead, she made reference to Indian Country and trust beneficiaries. The often-acrimonious case is now in an extraordinary stage: The federal district court and the federal appeals court here have been asked to decide whether Congress can override a federal judge's ruling that the Interior Department re-create hundreds of thousands of accounts dating to 1887. Most of the accounts hold the money from mineral, grazing and other leases on Indian land held in trust by the federal government. Campbell, R-Colo., and Inouye, D-Hawaii, have been pushing for an out- of-court settlement. Many Indians not directly involved in the litigation are said to be tired of the legal wrangling. Bill McAllister, a spokesman for the Indian plaintiffs, said Wednesday, "The plaintiffs have always said they were ready for meaningful talks." Copyright c. 2003 NEWS 9/The Oklahoman, Produced by NewsOK. --------- "RE: Leaders skeptical of Administration Pledges" --------- Date: Wed, 19 Nov 2003 08:44:41 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BUSH LIES" http://www.owlstar.com/dailyheadlines.htm http://www.signonsandiego.com/~/20031118-1312-wst-indiancongress.html Tribal leaders skeptical of administration pledges By Susan Montoya Bryan ASSOCIATED PRESS November 18, 2003 ALBUQUERQUE, N.M. - Tribal leaders reacted with skepticism Tuesday to a Bush administration official who told them the president wants to improve education for Indian students, help tribes develop energy resources on their land and consult with tribal governments. "The White House understands the importance of maintaining strong ties with Indian Country through consultation and communication," Jennifer Farley of the Office of Intergovernmental Affairs told the 60th annual conference of the National Congress of American Indians here. "We are here to listen to you. We're hear to help you and work with you." However, Gov. John Gonzales of San Ildefonso Pueblo, a member of the steering committee for the Bush re-election campaign, pointed to the lack of communication in a consultation meeting scheduled last week at Isleta Pueblo between federal officials and tribal leaders from around the West. Indian leaders showed up - but federal officials had neglected to tell them the meeting had been canceled, Gonzales said. "We need mutual respect," he said. "It needs to be given and we in turn will give it back. I think that the tribes really need to be treated in that manner." Zuni Pueblo Gov. Arlen Quetawki Sr. said the federal government is leaving tribes out until late in the game. "They talk about consultation but they have already made their decisions about how they're going to provide to the Native Americans. Really, the consultation should have been started at the onset," he said. "Instead of tribes being reactive to a lot of these issues, we should be proactive." A Santa Clara Pueblo official told Farley it's discouraging for tribes to hear about administration support when its actions clearly show something different. Farley presented examples of what the administration has done for tribes, including more money for Indian education; a six-year, $3.4 million Reading First grant; and training 850 new Indian teachers. She also said the president has pledged to support school construction throughout Indian country. "We all need to rise to the challenge of helping every Indian student improve their education and together we can do it," she said. Tribal officials, however, came up with their own list. They complained that budgets for federal agencies that help tribes have flat-lined, there's not enough money for the Indian Health Service, tribal sovereignty is being eroded, and Bush is pushing forward to reorganize the Bureau of Indian Affairs despite opposition from nearly every tribe. The Indian leaders also complained that Congress might be passing laws, but the Supreme Court continues to erode tribal sovereignty with its rulings. Aurene Martin, the acting assistant secretary for Indian affairs, briefly discussed the BIA reorganization and trust projects the Department of the Interior currently is working on. "We need to have better communication with tribes. I think we're learning - and me personally in the last year from some of our past efforts. We've had some successes but we've also had some things that haven't worked as well," she said. Copyright 2003 San Diego Union-Tribune Publishing Co. --------- "RE: Dakota say Government mismanaged Land Trust" --------- Date: Wed, 19 Nov 2003 08:44:41 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="DAKOTA LAND" http://www.owlstar.com/dailyheadlines.htm http://www.duluthsuperior.com/mld/duluthsuperior/7294539.htm Dakota Indians say government mismanaged land trust Associated Press November 18, 2003 MINNEAPOLIS - Ernie Peters Longwalker says the fruits of the land where fellow Dakota Indians live in lavish homes and reportedly rake in millions of dollars in casino payments rightfully belong to him as much as them, perhaps even more so. He has just as much Mdewakanton Dakota blood, maybe even more, than some members of the Shakopee Mdewakanton Sioux Community, the 71-year-old said. But because the American Indian band doesn't recognize him as a member, he's living on $729 a month. Who's to blame? The federal government to start, Longwalker said, for breaking its deal and failing to properly manage a land trust that dates back to 1886. Longwalker is one of 135 Dakota Indians who sued the government Tuesday over 950 acres deemed the "1886 Lands" in five Minnesota counties. It includes some of the state's most profitable casinos, including Mystic Lake in Prior Lake. The plaintiffs contend the government failed to make sure the land and the profits that have arisen from it have been distributed properly to the Mdewakanton Dakota who qualify for it. Willie Hardacker, staff counsel for the Shakopee Mdewakanton Sioux Community, defended the government's management of the 1886 lands. "I would disagree with the argument that the federal government mismanaged the lands, because there are currently thriving federally recognized Indian tribes on these lands," Hardacker said. He also said he assumes many of the plaintiffs are enrolled members of other tribes and receive benefits from those tribal governments. And he said the lawsuit doesn't mention that Congress turned over control over the Mdewakanton lands to the tribal governments years ago. A spokesman for the U.S. Justice Department said the agency was reviewing the lawsuit. The heart of the claim goes back to around 1885 and a contract made between the federal government and roughly 200 Mdewakanton it considered loyal for not participating in the 1862 Dakota Conflict. The Indians agreed to sever tribal relations and remain loyal to the United States in exchange for land put in trust on their behalf in Minnesota. The government said it would manage the land and ensure its benefits would be distributed equally to Dakota and their descendants who were considered loyal in 1886, the lawsuit states. Through the years, the government has neglected its responsibility and the benefits of the land - which includes portions of Scott, Redwood, Dakota, Goodhue and Wabasha counties - have gone to a select few people, even to people who do not have a right to it, said Erick Kaardal, who represents the plaintiffs. "They made a promise," he said. Kaardal is seeking class-action status on the lawsuit, which was filed in the U.S. Court of Federal Claims in Washington, D.C. It could ultimately include over 1,000 descendants, he said. The plaintiffs, who range from young children to in their 80s, all have proof that they are direct descendants to the 1886 group, Kaardal said. The lawsuit seeks unspecified compensation - likely tens of millions of dollars, Kaardal said - from the federal government. "I want the land," Longwalker said. "From there we can go anywhere." Copyright c. 1996-2003 Duluth News Tribune, Knight Ridder, Inc. --------- "RE: BLM pulls Tribal Parcel from Gas Lease Auction" --------- Date: Tue, 25 Nov 2003 08:28:46 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NORTHERN CHEYENNE LAND" http://www.indianz.com/ http://www.billingsgazette.com/~/2003/11/25/build/wyoming/30-blm.inc BLM pulls tribal parcel from gas lease auction By CLAIR JOHNSON Of The Gazette Staff November 25, 2003 Land in the Tongue River valley owned by the Northern Cheyenne Tribe and of interest to coalbed methane developers will not be among parcels offered for sale today at an oil and gas lease auction by the federal Bureau of Land Management. The BLM pulled the parcel from the offerings Friday after tribal members objected. "Our records did not show the surface to be owned by the tribe," BLM spokesman Greg Albright said Monday. "Had it shown that, we would have contacted (the Bureau of Indian Affairs) and said we need some feedback," he said. When tribal representatives contacted BLM and said the tribe owned the parcel, the agency removed it from land to be offered in the mineral lease sale, Albright said. BLM is looking into why its records did not reflect that the Northern Cheyenne Tribe owned the parcel, Albright said. The particular section in question was nominated for leasing by a party interested in the minerals, Albright said. The land was among numerous other parcels being auctioned today in one of BLM's regular sales. BLM does not disclose the identity of those who nominate parcels until after the sales, he said. Tribal President Geri Small said Monday she was glad to hear the parcel had been removed from the auction. Small said she called BLM State Director Marty Ott on Friday and he told her he would check into the matter. BLM's effort to auction the mineral rights without first consulting the tribe was a violation of its federal trust duty, Small said on Friday, before the parcel had been pulled. "I hope the BLM just made a mistake and corrects it," she said. The parcel is a section, or 640 acres, located outside the tribe's reservation boundary near Birney and is part of a larger, 6,500-acre tract on and contiguous to the reservation's southern boundary. The tribe bought the tract in 1981. The tribe owns the surface but not the subsurface federal minerals, said Gail Small, a member of the tribe's off-reservation energy ad hoc committee and sister of the tribal president. The land is commonly known as the Moreland property because it was formerly owned by John Moreland, said Francis "Gus" Harris, tribal councilman. Harris said the parcel identified for mineral leasing is where the tribe plans to locate some of its buffalo herd in an expansion of buffalo pasture. Harris said Friday he was concerned that BLM was leasing coalbed methane gas beneath tribal trust lands without consulting the tribal government. "We have plans for these tribal trust lands and the BLM is our federal trustee and supposed to be working with us, not against us," Harris said. The tribe currently is suing BLM over its environmental plan for coalbed methane development in Montana, alleging the study was inadequate. Geri Small said she worries about the water issues associated with coalbed methane development. "Water is so precious to the Cheyenne people and I think to all people. Without water, we can't survive. We can't live. That's our homeland and we're going to stay there," she said. Gail Small said the tribe was alerted to the parcel being offered for auction by the Northern Plains Resource Council, a conservation and agricultural group. NPRC is suing BLM, claiming the agency illegally leased mineral rights for coalbed methane under private lands without notifying the landowners. That case in pending in federal court in Billings. Copyright c. 2003 The Billings Gazette, a division of Lee Enterprises. --------- "RE: U.S. accord gives water to Shivwits" --------- Date: Thu, 20 Nov 2003 08:41:55 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SHIVWIT PAIUTE" http://deseretnews.com/dn/view/0%2C1249%2C525039213%2C00.html U.S. accord gives water to Shivwits 4,000 acre-feet to flow for many reservation projects By Lee Davidson Deseret Morning News WASHINGTON - The federal government is finally settling a 112-year battle by Utah's Shivwits Band of the Paiute Tribe for water on its parched reservation near St. George. "With the water-rights settlement, the future provides more opportunities for jobs, agriculture and economic development," Shivwits Chairman Glenn Rogers told the Deseret Morning News. Interior Secretary Gale Norton explains that Congress approved a plan for that settlement in 2000 - but it required a $24 million appropriation and numerous agreements to be signed by the band, various water agencies, the state engineer, courts and the federal government. "I am pleased to report that all of the requirements under the Settlement Act have been met,' Norton said. And her department planned to publish a notice in the Federal Register declaring the deal complete. It gives the Shivwits 4,000 acre-feet of water for their reservation through a variety of innovative projects to recycle water and reduce current losses from canal seepage and evaporation. It also has the tribe undertaking economic development planning to take advantage of the long- sought water. Rogers says government Indian agents who formed the Shivwits reservation in 1891 were supposed to file for water rights for the tribe but failed to do so, allowing white settlers instead to obtain almost all the available water in the area. "What we did have was not sufficient for us to grow crops. We didn't even have enough pressure for the water to squirt out of the end of the pipe," he said, noting the tribe historically had farmed along the Santa Clara and Virgin rivers but no longer could. "So we had no way to be self-sufficient," and most band members work off the reservation, Rogers said. The tribe filed a lawsuit nearly 25 years ago that if successful would have given it 12,000 acre-feet, roughly equivalent to all the water from the Santa Clara River, threatening supplies used by others in the St. George area. The settlement of that lawsuit gives the 300-member band 2,000 acre-feet of treated wastewater a year from the St. George Water Reuse Project. While it cannot be used for drinking, it can be used for irrigation and other purposes. It provides another 1,900 acre-feet from a new pressurized pipeline from Gunlock Reservoir, preventing seepage and evaporation losses from area canals. The deal also gives the band 100 acre-feet from wells on tribal lands. Congress approved $15 million to go to St. George for the band's share of the water reuse project's costs; $5 million to go to the band for economic development; $3 million for environmental needs; and $1 million for a trust to help the band cover its operation costs of the pipeline. "In this water-short area of the country, the Shivwits Band, local water users, the city (St. George) and the state came together to develop innovative solutions to address their respective water needs while also working to protect the habitats of species of concern in the basin, such as the Virgin River spinedace," Norton said. She said it is a model she would like to see copied elsewhere - and is an example of the collaboration she has been promoting with her recent Water 2025 initiative to head off future water battles before they begin. Meanwhile, Rogers said, "This fight has concluded, but another fight is ahead as we try for economic development - and decide how to use the water to help the people." He said his band is considering how to use it to attract non-polluting businesses or allow some farming. E-mail: lee@desnews.com Copyright c. 2003 Deseret News Publishing Company. --------- "RE: Past, Present cloud Tribes' Meetings" --------- Date: Tue, 18 Nov 2003 08:44:41 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="KLAMATH" http://www.owlstar.com/dailyheadlines.htm http://www.heraldandnews.com/articles/2003/11/17/top2.txt Past, present cloud Tribes' meetings November 16, 2003 By DYLAN DARLING During public meetings last week the Klamath Tribes tried to focus on the future and what they would do with forests in a new reservation. But the past and present kept coming up. Questions, concerns and opinions about how the Tribes ended up without a reservation in the first place dominated the meeting in Beatty on Monday, and questions about how the Tribes manage what they already own underscored the Chiloquin meeting Wednesday. After Klamath Tribes Chairman Allen Foreman's introductory presentation at the Beatty meeting, the first question for him came from Judy Criswell, who has a 135-acre horse ranch near Chiloquin. "Are you or are you not an American?" she said. Foreman replied: "I am one of the first Americans." His answer met with groans and deep sighs from many in the crowd, setting the tone for what would be a raucous night. Groans and grumbles again rolled through the crowd of about 120 when Foreman mentioned racism and after the Tribes explained their take on the past. Many at the Beatty meeting asked the tribal officials why their members can't just move on from the past, accepting the mistake of their forefathers to sell off the Tribes' homeland. Foreman said part of the problem is that the members of the Tribes didn't get paid for their land, but rather were paid for their lost assets, such as timber. He said the government forced the Tribes into termination, and it was unjust. His response lead to more groans from many in the crowd. Throughout the evening there were several heated moments, most coming from debates about the past. Debbie Brown, who has lived with her husband on 12.5 acres near Beatty for 10 years, said people who live in or near the old reservation area shouldn't be punished for what the government did to the Tribes. "We can't be held responsible for what happened 20 years ago," she said. She said people who live on or near the old reservation are worried about how a new reservation will change their properties. Many said they bought land where they did because they wanted to get away from people and have national forest land beyond their back yards. Missy Hess, who said she is a rancher and an Indian, said less time should be spent arguing about the past and more should be used to discuss the future. "I thought this was going to be about what needs to be done, not what has happened," she said. At the Chiloquin meeting, many wanted to talk about what is happening now, not what might happen later. People from the public and the Tribes raised concerns about the conditions of the Kla-Mo-Ya Casino, Williamson River, town of Chiloquin and other areas seen as being under the control of the Tribes. Jim Kincaid, who has lived near Chiloquin for about a year, said he sees a trash-filled river and a run-down town. "If this is how they treat the river, if this is how they treat the town, then what are they going to do with 700,000 acres of land?" he said. Officials with the Tribes said there are many cleanups of the river and much of the waste in it wasn't dropped in by members of the Tribes. They also said they aren't the ones who run Chiloquin. Although some of the subject matter was touchy, Anna Bennett, a member of the Tribes land and water committee, said the Chiloquin meeting was not as "vicious" as the Beatty meeting. Despite differences in points of view, those at the Chiloquin meeting want to work together, she said. "I don't get that feeling from those out in Beatty," she said. The formats of the two meetings were a bit different. In Beatty, tribal officials gathered in a corner and Foreman tried to call on people with their hands raised for comment, but many interrupted each other. Foreman then tried to answer as many of the questions he could on his own, sometimes turning to the other tribal representatives for help. In Chiloquin, those with questions had to come up and speak into a microphone. Their questions were asked of a panel of tribal officials. Bennett said the Chiloquin meeting was more structured than the Beatty meeting partially because of reaction to how the Beatty meeting went and partially because of the change in venue and the different facilities. She said the Tribes plan to have more public meetings in December, including one in Klamath Falls and several in the I-5 corridor. At those meetings, questions about the past and present will probably come up again, Bennett said. She said the Tribes will do the best they can to address the concerns. "We are not going to fight with people, we are here to find solutions to problems in the Basin," she said. "But some people are not going to agree with you no matter what you do." The Tribes' next public meeting about the reservation is from 1 to 5 p.m. Saturday, Dec. 13, in Klamath Falls at the Mabel Liskey Henzel Pavilion, 2200 Eldorado Blvd. Reporter Dylan Darling covers natural resources. He can be reached at 885-4471, (800) 275-0982, or by e-mail at ddarling@heraldandnews.com. 32-point paper addresses various matters Following is the text of a document distributed by the Klamath Tribes Wednesday during a public meeting in Chiloquin. The document, titled "Frequently Asked Questions & Answers" addresses issues regarding the Chiloquin-based Tribes' effort to regain their former reservation. History 1. How long have the Klamath, Modoc and Yahooskin people resided in the Klamath Basin area? We are taught that we have been here "from the beginning " According to federal case law, we have been here "since time immemorial. " According to professionals in the field of archaeology, we have been here for 14,000 to 20,000 years. Our ancestors were already firmly established residents when Mount Mazama erupted and created Crater Lake more than 7,000 years ago. 2. What is the basis for the Klamath Tribes' existence as a distinct sovereign entity? The United States Constitution recognizes Indian Tribes as distinct sovereign entities. The Supreme Court has held that Tribes have both inherent sovereignty and the sovereignty accorded to them by Congress and the Courts. We believe that our sovereignty is inherent - it is, as the Supreme Court has held, an attribute of our indigenous or aboriginal existence. Although our sovereignty has been diminished, the United States continues to legally recognize Indian Tribes as domestic dependent nations. The United States Congress acknowledged the Klamath Tribes' sovereign status when it chose to restore our federal recognition in 1986. 3. Did the United States give the Klamath Tribes a reservation in the 1864 Treaty? No, as part of the Treaty negotiations, the Klamath Tribes ceded, or gave to the United States, over 20 million acres. Our ancestors reserved to themselves (for our benefit) over 2 million acres of our aboriginal homeland, to be permanently held in trust for us by the United States. 4. Why do the Klamath Tribes want the former reservation lands returned to us? We believe that the sale of the reservation, like the termination of the Tribes, was morally unjust. President Nixon articulated the injustice of termination in 1972, and the termination policy was ended. We also feel that we have a spiritual and cultural responsibility to heal and protect our Homeland for the generations who will follow us. 5. Is it true that the Tribes sold the reservation three times, and that the government gave it back three times? No. The United States Congress terminated the Klamath Tribes in 1954 and mandated that the Klamath Tribes assets be sold and the resulting funds disbursed. The only option tribal members were given was to "remain" as a shareholder of the assets (including a proportionate share of the land) which were to be managed by an unnamed trustee, or to accept their share of the assets in cash. A Bureau of Indian Affairs newsletter distributed to tribal members implored them to withdraw or risk ending up with nothing. After the majority of tribal members chose to withdraw their assets as advised, Bureau of Indian Affairs employees labeled over 70 percent of the withdrawing tribal members incompetent - including many adults. The assets of persons deemed incompetent were then placed under the management of trustees - frequently local attorneys and judges. The local bar association established a "special" (higher) Indian fee for the management of these funds. Many attorneys mismanaged funds - three mismanaged them so grossly that they were disbarred, and at least one was incarcerated in federal prison. When "remaining" tribal members voted to dissolve their trust, the bank trustee interpreted that as a vote to sell all assets and the resultant funds were distributed. By that time, many of the original remaining members were deceased. After all of this, the Federal Trade Commission conducted an investigation into Klamath County business dealings. That investigation revealed discriminatory business practices towards Indians after termination. No Indians were compensated for either trustee mismanagement or for the FTC violations. 6. Why didn't other Indians do what Edison Chiloquin did, and take land instead of accepting money? As many people know, one Klamath Indian - Edison Chiloquin - negotiated with the federal government to accept a parcel of land (as a life estate which transferred to the U.S. Forest Service at his death), instead of accepting his share of the terminated and condemned tribal assets in cash. This was not an option offered to tribal members, but an unique agreement struck between Edison and the federal government. Land 7. What are the boundaries of the lands the Tribes want to have returned? Generally, the boundaries include former reservation lands currently held by the Winema and Fremont National Forests. 8. Will non-Indians who currently reside within the boundaries of Winema National Forest lose the right to live there? Absolutely not. The Tribes would not do to others the injustice that we feel was done to us. (Condemn and take their lands, or try to intimidate them into selling.) 9. Will the Tribes provide for access to people living on private property (in-holders) within the boundaries of the former reservation? Yes. On February 23, 2003, the Klamath Tribes General Council voted for the Tribes to honor current permitted uses and valid existing rights on the former Reservation lands, and to issue future permits and rights based upon tribal management goals and objectives. The Tribes also adopted the following statement: "Private landowners will have the absolute right to access their property throughout the lands returned to the Tribes. The Tribes will maintain the right to limit certain routes of access in accordance with tribally adopted management goals that are not burdensome to the private landowners." Anyone with easements or rights of way with the Forest Service will have those honored. Even if someone does not have an easement or right of way, the Tribes have committed to assure that they have reasonable access to their lands. 10. How can the people living within the returned land be certain that they will have access to their private property? The Klamath Tribes have already agreed that this access right will be included either directly or by reference in any legislation transferring lands to the Tribes. 11. Will people living on private property within the returned lands have to pay for access? We don't foresee any immediate circumstances in which private landowners would have to pay a fee for access to their private property. If that were to change, any such fee would be commensurate with such fees charged by the federal and/or state government. 12. Will the Klamath Tribes allow for general public access? Yes. On February 23, 2003, the Klamath Tribes General Council approved the following commitment: "Non-tribal members will continue to have access to the returned lands for hunting, fishing, camping and other recreational purposes. Such access will be pursuant to the Tribal policy on public access to be developed by the tribes. The Klamath Tribes are committed to building a positive working and sharing relationship with the general public, while maintaining our ability to sustain our culture, enhance the Klamath Basin ecosystem, and protect our culturally significant areas. On this basis, the Tribes will work with the federal government, the state of Oregon and the general public to develop the process for the administration of public access to the lands for recreational purposes, including hunting, fishing, camping and other activities as appropriate. The Tribal policy on public access will provide a framework for the development of relevant tribal ordinances that are consistent with tribally adopted ecosystem management goals. " As the new manager of these lands the Tribes will be undertaking the restoration of the forest, the watershed, and habitat necessary to support the return of abundant wildlife. That will necessitate a different approach to how these lands are managed. The Tribes plans for the management of these lands include a process for public involvement and review of tribal plans. 13. Will the Tribes allow for public recreation? Yes. On February 22, 2003, the Klamath Tribes General Council agreed that public access would continue to be allowed for "hunting, fishing, camping and other recreational purposes... consistent with tribally adopted ecosystem management goals." The Tribes have also committed to developing a Klamath Tribes Recreation Strategy, which will balance Tribal needs with public access for a variety of recreation experiences. General Management 14. Will non-Indians be allowed access to the forestlands on foot or horseback? Yes. Such activities will be allowed for everyone to the extent that they are done in manner that is consistent with the Tribes' overall forest restoration goals. 15. Will the tribal lands be managed like the Warm Springs Reservation - with two different sets of laws (for Indians and non-Indians)? Yes, to some extent. A different set of laws already applies to members of the Klamath Tribes, based on our Treaty Rights. The Klamath Tribes also have both civil and criminal jurisdiction over our own tribal members. Under Public Law 280, this jurisdiction is concurrent with that of the state of Oregon. (Tribes do not have the legal authority to exercise criminal jurisdiction over non-Indians, although we may have civil authority over some matters.) The general public will have legally mandated access to the returned reservation lands and legal recourse to ensure that the Tribes follow the commitments we have made regarding forest management decisions. Furthermore, the Tribes will host regular meetings with private landowners; both within the reservation lands and bordering them, when any decision is being considered that may substantively impact them. 16. Will the Tribes use both Indian and non-Indian companies for forest work if the land is returned, or only Indian companies? The Tribes hope to employ as many tribal members as are qualified. There is a tremendous amount of work to be done, however, and we anticipate that we will be contracting with both Indian and non-Indian companies to accomplish that work. 17. How will tribal management of the lands be funded? Most of the tribal management of the lands will be funded by the federal government, just as it currently is. The tribes are looking into various types of environmentally friendly business development to offset some of those costs. As is the usual case, federal dollars spent for management of the forestlands will circulate several times within Klamath County to the benefit of the local economy. 18. What if someone believes that the Tribes have violated the terms of the transfer of the lands to the Tribes? The Tribes have committed to a detailed public participation process for review and comment on tribal land management actions. If anyone feels that the tribal plans violate the terms of the transfer or existing tribal land use laws, that person has the right to appeal within the Tribes and then to tribal court. If still dissatisfied with the outcome, that person can appeal the matter to the federal district court. 19. Don't the Tribes have sovereign immunity? How can someone sue the Tribes in their own courts or in federal district court? The Tribes have agreed to an unprecedented waiver of our sovereign immunity to both our own courts and to the federal district court. Any person who feels that land management actions affecting these lands is in violation of the law transferring the lands, or the Tribes' own laws, may bring suit in tribal court. If that person feels he or she is not accorded a fair hearing in tribal court, the Tribes have agreed to waive our immunity to suit in federal district court. 20. What about federal environmental laws? Will they apply to the returned lands? The same federal environmental laws that apply to other lands apply to tribal lands; specifically, the Clean Water Act, the Endangered Species Act and the Clean Air Act, as well as other federal laws of general application. Any information that these laws would not apply is simply wrong. Resource Use 21. Will the Tribes allow for public hunting and fishing access? Yes. On September 27, 2003, the Klamath Tribes General Council adopted the following language: "Hunting, fishing and trapping permits will be issued to Tribal members and the general public based on the availability of resources." On that date, the Tribes also committed to improving riparian areas to provide enhanced habitat for wildlife and fish, improving fish habitat to provide for increased fish population, improving deer winter range habitat for mule deer, maintaining or improving summer habitat for mule deer, and improving fawning and calving areas. The Tribes also committed to working in cooperation with other agencies to improve mule deer numbers. 22. What kind of fees will be charged for hunting? Will they be in addition to what the state currently charges? The Tribes plan to take responsibility for issuing hunting tags within the boundaries of the returned lands. We will charge hunting fees that are commensurate with those charged by the state of Oregon. The Tribes will coordinate this responsibility with the state, and will not agree to participate in any plan to double-charge hunters. 23. Will tribal hunting be cut back in order to allow the herds to grow? The Tribes will take whatever action is necessary to allow the herds to grow. Tribal members, however, have a Treaty right to subsistence hunt and the Tribes would cut back on their hunting privileges only as a last resort. 24. Will the Tribes allow for public wood gathering? Yes. On September 27, 2003 the Klamath Tribes General Council committed to the implementation of a wood cutting program that will provide a sustainable source of firewood fuels for both Tribal members and the general public. The Klamath Tribes have not yet determined if commercial wood cutting will be allowed in the near future. All wood cutting will have to comply with the Tribes' overall forest restoration goals. 25. Will the Tribes allow grazing to continue? Yes. On February 22, 2003, the Klamath Tribes General Council agreed to honor current permitted uses and valid existing rights, including grazing. At that time, the General Council also agreed to issue further permits and rights based upon tribal management goals and objectives. On September 27, 2003, the Tribes committed to a grazing program that will be managed in a manner that avoids conflicts with mule deer and other wildlife, decreases erosion, enhances riparian areas and maintains healthy upland conditions. Water 26. Why do the Klamath Tribes have a water right when they are not irrigators? The Supreme Court has held that when Congress entered into agreements setting aside reservations for Indian Tribes (such as the Klamath Treaty), enough water was impliedly reserved to meet the needs of the Indians residing there. This is known as the Winters doctrine. When the Klamath Tribes were terminated in 1954, Congress specifically stated in the legislation that: "Nothing in this [Act~ shall abrogate any water rights of the tribe and its members... Nothing in this [Act~ shall abrogate any fishing rights or privileges the tribe or the members thereof enjoyed under Federal treaty. " In the case of United States v. Adair, the 9th Circuit Court of Appeals upheld the Tribes' right to enough water to support treaty harvest activities, and recognized a "time immemorial" priority date. 27. Will the Tribes put in dams above private lands? The Tribes do not have plans to put in any dams. However, the Tribes - like other parties in the Basin - are considering the feasibility of establishing a long-term water storage facility of some sort. Any such plan would be developed with the input of others in the Basin, and with specific attention to anyone whose land or resources could be impacted by such action. Current Negotiations 28. Why aren't all meetings public - why wasn't everyone involved in the special meetings between the Tribes and some local irrigators and ranchers? The meetings between the Klamath Tribes and various Klamath Basin rancher and irrigator representatives grew out of contention and conflict. The group, which was originally pulled together by representatives of Klamath Basin Rangeland Trust, determined early on that it would stay relatively small in order to provide a forum for informal, level-headed discussions about highly charged issues. No "deals" have been made behind closed doors, but the various parties have come to understand one another's perspectives much better as a result of patient and persistent dialogue. 29. Why don't the Tribes plan to buy back the land? The return of the lands is being considered as part of a negotiated settlement agreement. As articulated by one tribal spokesperson: "The federal and state governments have said that land recovery is unlikely without water settlement. The Tribes have said that water settlement is unlikely without land recovery. " The Tribes feel that it is in everyone's best interest to reach a negotiated settlement agreement. If the parties are unwilling or unable to come to such an agreement, however, the Tribes and all other parties will have to proceed through the state's water adjudication process. 30. Will the Tribes provide taxes or some other funding for schools? The federal government provides "impact aid" funds to school districts that have federal and/or tribal employees working on lands held in trust, including Indian reservations, military bases, national forests and similar holdings. Federal impact aid is also provided to school districts that have Indian children living on Indian lands held in trust by the federal government. Some Klamath County schools already receive extra grant funding from non-profit organizations because of the number of Indian students attending their schools. The Tribes are also looking into various types of business development that would enable us to assist the local schools. 31. Since the federal government is the trustee for Indian reservations, what makes the Tribes think they won't change their minds again as in the past (and take away the returned lands)? There are no guarantees in life, but since the 1970s the federal government has publicly acknowledged the failure and injustice of the termination policy. Times have changed since the 1950s, and many more people in the United States and around the globe respect the rights of indigenous peoples to maintain their cultural identity and still participate in the majority society. 32. Why aren't the Tribes willing to co-manage the reservation with the Forest Service? Why do they want to have ownership of the lands? The Tribes had a homeland in the Klamath Basin for 14,000 - 20,000 years. This is where we believe our Creator meant us to be, and we believe that it is critical to the well being of our people - physically, culturally and spiritually - that we remain here. We believe this was meant to be our Homeland, from time immemorial into time infinite. We have an inherent responsibility to care for this place and the resources therein. We have attempted to co-manage these lands with the Forest Service, but it has been a dismal failure. This is generally not the fault of the local U.S. Forest Service employees, but a result of the fact that policies for national forests are oftentimes national or regional in scope, and oftentimes driven by political decision-making at the Washington, D.C., or Portland level. Copyright c. 2003 Herald and News, Klamath Falls, OR. --------- "RE: Indians discriminated against in Rental Market" --------- Date: Wed, 19 Nov 2003 08:44:41 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RENT DISCRIMINATION" http://www.owlstar.com/dailyheadlines.htm http://www.macon.com/mld/macon/news/world/7292366.htm Study finds American Indians discriminated against in rental market more than other groups GENARO C. ARMAS Associated Press November 18, 2003 WASHINGTON - American Indians are more likely than any other minority group to face discrimination when trying to rent homes, a government- sponsored study concluded. American Indian renters were discriminated against some 29 percent of the time last year, according to the study conducted for the Housing and Urban Development Department by the private Washington-based think tank, the Urban Institute. It was the first time HUD had commissioned research on discrimination against American Indians. Findings were based on testing conducted off tribal lands in three states with relatively high populations of that group: New Mexico, Montana and Minnesota. Data previously released by HUD found that Hispanic renters were discriminated against 26 percent of the time, while rates were less for blacks (22 percent) and Asians (21 percent). That research was also based on tests conducted in areas that had large populations of the specific group. Indians were more likely than other minorities to experience more severe forms of discrimination, such as being lied to by a building manager that an available apartment was taken, Margery Austin Turner, the study's lead researcher, said Tuesday. By comparison, Turner said other minorities were more likely to be exposed to more subtle discrimination, such as being charged higher rents or application fees. The findings will help the government better target educational, outreach and enforcement efforts in the rental market for Indians, said HUD analyst Todd Richardson. The surveys were based on a "paired testing" technique, in which two people - one a minority and the other white - responded to an ad within 24 hours of each other. Other characteristics, such as income level, assigned to each pair were nearly identical. Tests began in 2000, focusing on blacks and Hispanics. Data for Asian renters was collected in 2001 while the American Indian survey was conducted last year. Testers documented their experience, and analysts then compared those records to determine if preferential treatment was given across different variables. So, for example, Indians received less information or less preferential treatment than whites 29 percent of the time. Copyright c. 1996-2003 Macon Telegraph, Knight Ridder, Inc. --------- "RE: Indian Leadership mulls Sovereignty" --------- Date: Thu, 20 Nov 2003 21:57:12 -0700 From: "Chris Milda (_Akimel O`odham_)" Subj: Indian leadership mulls sovereignty (Fwd) Mailing List: News and Information Distribution Indian leadership mulls sovereignty Patricia L. Garcia Associated Press Nov. 18, 2003 12:00 AM ALBUQUERQUE - Jewell James thinks every voice in Indian country should be heard when tribal sovereignty is challenged. James was one of 3,000 Indian leaders from around the nation gathered here for the 60th National Congress of American Indians conference, which opened Sunday. Organizers hope the meeting, "Sovereign Nations, One Enduring Voice," will promote unity and awareness. Topics for the weeklong gathering include Indian sovereignty, trust reform and influence in the 2004 elections. James, who comes from the Lummi Indian Reservation in Washington state, said national tribal leaders need to incorporate efforts from grass-roots organizations. "Our voice is so small in national and international issues that we get ignored," James said. "It's important that we increase the echo of that voice." Navajo Nation President Joe Shirley Jr. and John Echohawk of the Native American Rights Fund reported on the Tribal Sovereignty Protection Initiative, an effort to address recent decisions handed down by the Supreme Court that tribes say threaten to erode tribal authority. John Dossett, NCAI general counsel, said the Tribal Leaders Steering Committee is tracking two Supreme Court cases in which tribal sovereignty could be challenged. One case is seeking to expand tribal criminal jurisdiction over Indians who are on lands owned by a tribe they do not belong to, Dossett said. But if the Supreme Court rules against it, the tribe would lose its jurisdiction over those Indians, who then could not be prosecuted, Dossett said. In the second case, the Miccosukee tribe is alleging that the South Florida Water Management District needs a permit to transport water through the tribe's part of the Everglades. The tribe says the transfer of water by the district is illegal. Shirley said one way American Indians could assert their tribal authority is to get more members to vote. "It depends on who the president of the United States is on how we're going to be treated," Shirley said. He added that American Indians could influence the 2004 election. The organization has invited candidates to present their platforms on Indian issues. Former Vermont Gov. Howard Dean, Ohio Rep. Dennis Kucinich and retired Army Gen. Wesley Clark were expected to appear at the convention, and other candidates planned to address the group via satellite. Competition for the Indian vote isn't as fierce as the national parties' fight for support from the growing Hispanic population, but Indians have been working to take advantage of the clout they do have. --------- "RE: Navajos will fight energy exploitation" --------- Date: Mon, 24 Nov 2003 08:20:12 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="PROTECT NAVAJO/ENVIRONMENT" http://www.owlstar.com/dailyheadlines.htm http://www.gallupindependent.com/11-22-03navajoswillfighten.html Navajos will fight energy exploitation Kathy Helms Dine' Bureau November 22, 2003 FORT DEFIANCE - Navajo Nation President Joe Shirley Jr. has directed Attorney General Louis Denetsosie to determine whether Navajo law needs to be strengthened to protect the Navajo people and environment and, if so, "to propose new laws for consideration by the Navajo Nation Council." Shirley said Friday, "I will not rest until existing laws to compensate Navajo victims of conventional uranium mining are carried out, until dangerous dumps and other remnants of that mining throughout the Navajo Nation are cleaned up, and until new laws are put in place to prevent any recurrence of the human suffering and environmental degradation that has impacted the Navajo people." Denetsosie said there are laws that could be passed by the Navajo Nation that could make uranium mining on tribal lands unattractive. "First of all, the Navajo Nation does not have to agree to any leases on tribal trust land, so we're concerned with these leases that are on allotted lands," he said. "For the most part, on tribal trust land, we don't think the Navajo people have to worry about further uranium mining activity, but this ISL (in-situ leach) mining is a real concern." In-situ leach mining is proposed in Church Rock and Crownpoint, N.M., and could begin within a year unless held up in litigation. Denetsosie said, "The Navajo Nation does have tax jurisdiction over the allotments, so they could consider a severance tax on uranium that is enough to really make it costly." For example, he said, "Montana has a 37- -1/2 percent severance tax. Nobody mines coal in Montana. All the mining takes place in Wyoming. So the Navajo Nation could look at something like that," which would make the prospect of uranium mining unattractive to industry. "The other thing that the Nation could consider is putting a prohibition on uranium mining altogether on allotted and tribal trust land. We would have to check that out." The Navajo Nation has relied on tribal sovereignty to protect its people, Denetsosie said."If the federal government has a law that's right on point, people will argue that the federal law overrides Navajo law. But I think if we just pass a law on that subject, then I think we're fine. "The Navajo Nation has complete authority to approve or deny the lease on Navajo land. That part is clear. The U.S. really can't do anything about it. But if it's on allotted lands, there the allottees own the lands and they have the right to lease it. But the Navajo Nation is not without jurisdiction. What President Shirley is saying is check the laws out and see if we can do something to protect our people and the environment." The Attorney General said President Shirley did not like the part of the Indian Energy Title included in the energy bill which specified that Indian tribes had to agree to a waiver of their trust responsibility in order to get authority to enter into TERA, or Tribal Energy Resource Agreements. "That would give the tribe more autonomy in dealing with their own energy resources and it would not require secretarial approval once they entered into that TERA. President Shirley took a pretty strong stand, saying that the U.S. was trying to abdicate its trust responsibility to Indian people and it still needs to be there as kind of a watchdog. It's kind of like they're giving away all of their trust and they're just throwing us to the dogs, is what he was saying," according to Denetsosie. "NCAI (National Congress of American Indians) finally accepted that with the resolution they adopted, saying they were going to oppose the energy bill." In a press release Friday, President Shirley expressed his heartfelt thanks "on behalf of my people to Congressman Tom Udall for his tireless work against uranium mining on Navajoland. His remarks made during the April 10, 2003, debates within the House Committee on Energy and Commerce spurred clarification of the energy bill's prohibition,"Shirley said. U.S. Rep. Udall, D-N.M., said in a Nov. 18 press release following House passage of the energy bill, that he voted against the bill because he believes the legislation is not an effective, 21st century energy policy. "I am very disappointed that Democrats were virtually ignored as Republicans met behind closed doors to craft this bill. The expertise and input of Democrats would have made this a better bill." Udall also said he regretted that Sen. Jeff Bingaman's renewable portfolio standard provision was deleted by the conferees."Everyone in New Mexico knows that expanding clean, renewable energy has amazing economic potential for our state. I will continue to push my own renewable portfolio standard legislation as a stand-alone bill next year. "Additionally, I am outraged that the dangerous uranium provision that may be harmful to my constituents in northwest New Mexico, including many members of the Navajo Nation, stayed in the final bill. I had hoped my amendment to address this issue would have sent a strong message. I will work with others to minimize this needless subsidy," Udall said. Though there is a limitation in Section 631 of the energy bill which states, "No activities funded under this bill may be carried out in the state of New Mexico," nowhere does it state that it prohibits in-situ leach mining. It merely stipulates that energy bill appropriations of $10 million in each fiscal year of 2004, 2005, and 2006 cannot be used for "cooperative, cost-shared agreements between the Department of Energy and domestic uranium producers to identify, test, and develop improved in situ leach mining technologies" and "funding for competitively selected demonstration projects." Bingaman, D-N.M., issued a press release Friday after a 57-40 vote in the Senate to cut off debate on the energy bill. "The Senate requires 60 votes to pass significant and controversial legislation. This sets a high bar that often encourages strong bipartisanship. Unfortunately, when the energy bill went into conference, bipartisanship went out the window. A bill that had received 84 votes in the Senate lost support as key provisions were dropped and other controversial and irrelevant provisions were added. "I regret that I had to vote against the bill today because even after conference it contained provisions that I authored or strongly supported. I think we now need to find another path forward that is more bipartisan and open to new ideas. We have the time to do so we are not at the end of the Congress; we are at the midpoint of one. "If the will to enact a comprehensive, balanced, and fiscally responsible energy policy exists in the Congress, we can pass better legislation next year. It may take the form of more than one bill, but I and many of my colleagues who voted against this bill today remain prepared to join in the development of a truly bipartisan energy policy for the country," Bingaman said. Copyright c. 2003 the Gallup Independent. --------- "RE: Activist protests treatment of Native-Americans" --------- Date: Thu, 20 Nov 2003 08:41:55 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MISTREATMENT ADDRESSED" http://www.owlstar.com/dailyheadlines.htm http://www.arbiteronline.com/~/ART/2003/11/20/3fbc6af2b1d4a Activist protests government treatment of Native-Americans Monica Price News Writer The Arbiter November 20, 2003 Long-time activist of Native-American issues, LaNada Boyer spoke about mistreatment of Native-Americans by U.S. government, Monday, as part of Native-American awareness month. As one of the coordinators of the daring takeover and occupation of Alcatraz Island by Native-American activists in the late 1960s, Boyer brings an interesting perspective to issues of concern to Native Americans. With Native-American Awareness Month comes a look back on the role Native-Americans have played in U.S. history, and where they are today. "They figured they beat us and we're dead and that's it," Boyer said. Boyer said the U.S. government won't deal with the issues troubling Native-Americans. Boyer and her father worked for 30 years to establish awareness of native people's issues. "They don't want to deal with us," Boyer said. Last Thursday, as part of the celebration Boyer showed the film "Alcatraz is not an Island" at the BSU Special Events Center. The film deals with the 18-month occupation of Alcatraz, a little known piece of U. S. history. In 1969 a group of Native-Americans treaded the cold political waters of San Francisco Bay to take on the ultimate sign of punitive institutions: Alcatraz. After 1963 the prison was out of commission and declared surplus federal property. A government treaty with Native-Americans states surplus federal land can resort to Native-American ownership. The occupation of Alcatraz was an attempt to enforce that treaty. The occupation forced the government to sit up and take notice of the injustice and frustration of Native- Americans. In the eyes of the world the U.S. is wounded by it's own hypocrisy, Boyer said. Other countries know more about the genocide of Native- Americans than the general U.S. population. "They talk about the genocide and holocaust of the Jews by the Germans but they don't look at themselves," Boyer said. "We need to start the healing process as native people," Boyer said. Continuing, Boyer said the entire American public needs to recognize past atrocities before the healing process can begin. "It's going to continuously be bleeding until that happens." When asked what democracy is like for native people Boyer simply replied, "No such thing." Boyer said constitutional protections and enforcement of laws are the bloodlines of a democracy. Cauterize those veins and the democracy America prides itself on dies, she said. Not too well known is the Bureau of Indian Affairs lawsuit of Cobell vs. Norton, a class action lawsuit against Interior Sectary Gale Norton. Since the 1800s the government has acted as trustee for Indian lands by collecting and supposedly dispersing revenue produced by the land from mining, gas and timber sales. The lawsuit is asking the government to enact reforms and account for the revenue since 1887, which could potentially cost billions. In September U.S. District Judge Royce Lamberth ruled in favor of Cobell, ordering the federal government to account for the money. That ruling was effectively nullified in an appropriations bill signed by President Bush in early November of this year, just as Native-American Month commenced. "Congress has been working at... changing the laws. The treaties and agreements that were made the Indian people are continually being broken," Boyer said. On a side note, as Iraq's oil fields come on line that revenue is slated to dump into the Iraqi Assistance Fund; a U.S. government controlled trust fund for the Iraqi people. Copyright c. 2003 Arbiter Online. --------- "RE: History, Genealogy of Nanticoke" --------- Date: Wed, 19 Nov 2003 08:44:41 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NANTICOKE" http://www.owlstar.com/dailyheadlines.htm http://www.capegazette.com/~/leweshistmeeting111403.html History, genealogy of Nanticoke Nation will be topic Capturing the historical and cultural past of the Nanticoke Indian nation is a challenge that has many obstacles, twists and turns. Learning about and maintaining tribal history and its effect on the future of the tribe have instigated a historic journey for tribal historians, Jean Norwood and William Davis, who will discuss their quest to unravel the "History and Genealogy of the Nanticoke Nation" at the Friday, Nov. 21 meeting of the Lewes Historical Society. Because of the society's annual meeting to elect new board members and discuss other important business begins at 7 p.m., the presentation will begin at 8 p.m. (instead of 7:30 p.m.) at St. Peter's Parish Hall on Mulberry Street between Second and Third Streets in Lewes. Jean Norwood, known by her peers as Princess Laughing Water, is the wife of Nanticoke Chief Tee Norwood (Tidewater Laughing Wolf). As director of historical and cultural affairs for the Nanticokes, she oversees operations of the Nanticoke Indian Museum on Route 24 in the heart of the Nanticoke community. Every year the museum attracts thousands of people, including vacationers, school groups, researchers and foreign visitors. She says that the museum helps promote Nanticoke traditions and she places great value on the importance of maintaining cultural and historic records. Norwood explains that "recording history a hundred years ago wasn't so important as it was to survive. In the early days the people were able to survive because they had a good work ethic. They farmed, planted orchards and raised poultry. Also, they were among the first Indians to use cloth for making garments because of their early contact with European settlers. Other crafts such as basketry and net making were important to the Tidewater People, as they are known, because of their proximity to the river and the inland bays." According to Norwood, knowing what the people did and how they lived provide key historic resources "however the custom of passing oral history from generation to generation is not always the best way to maintain our heritage and our rich past." She explains that "William Davis, who will also speak at the Historical Society meeting, will demonstrate how old deeds, wills, photographs and other written documents have played an important role in our quest to uncover and preserve our past." She will discuss her personal experiences of growing up in Sussex County and being sent at an early age to an Indian "boarding school" in Kansas. She attended the Indian Institute High School and also took two years of post graduation schooling before returning to Delaware in the 1950s. Since that time she has played an active role in a wide range of tribal affairs. The meeting is free and the public is cordially invited. For more information, call 645-7670. Copyright c. 2003 Cape Gazette/Sussex County, DE. --------- "RE: Bison Roam in the Refuge" --------- Date: Mon, 24 Nov 2003 08:20:12 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BISON" http://www.owlstar.com/dailyheadlines.htm http://www.nytimes.com/2003/11/24/national/24BISO.html Bison Roam in the Refuge, but That's on a Reservation By JIM ROBBINS November 24, 2003 OIESE, Mont. - The air here is usually serene, a scene from the Old West, with hundreds of chocolate-brown buffalo grazing the hills of the National Bison Range, and the jagged, snow-covered Mission Mountains standing in the distance. But the air at the range is filled with tension these days. The 19,000 acres of hills and ponderosa pine are surrounded by the 1.2 million-acre Flathead Indian Reservation, and tribal leaders have invoked a 1994 federal law to request a compact to participate in managing the bison and range along with other federal refuge properties on the reservation. "We want meaningful management," Joe Dupuis, executive tribal secretary of the Confederated Salish and Kootenai, said. "It is in the heart of our reservation. The goal is to manage properties within the reservation that are intertwined with tribal resources and cultural resources." The Fish and Wildlife Service opposes transferring on-site management authority to the tribes. "The bison range was established for all Americans," the manager of the refuge, David Wiseman, said. "Not a specific group of Americans." In 1908 President Theodore Roosevelt ordered the land bought from tribal members; he acted at the urging of the American Bison Society, which had counted 325 wild bison left in the West. The land was the first that the government bought for a wildlife refuge, and was paid for in part by pennies from schoolchildren. Tribal officials say Indian families were not willing sellers, though they received appraised value. Federal officials have said they would be willing to award the tribes some contracts for biological management, fire suppression and weed control. The tribes insist that the proposal does not go far enough. Adding to the intensity of the debate is the deeply symbolic role of the bison. It was the tribes' annual custom to cross the Rockies to the buffalo grounds of the High Plains. The bison provided a critical source of food, and they remain part of some tribal members' spiritual beliefs. On the other hand, the bison was an early conservation success story, rescued from near extermination, in part because of the refuge here, 30 miles north of Missoula. A bison adorns the Interior Department seal. That is part of the reason the idea of transferring the reserve has raised the ire of hunters, environmentalists and even some people who live on the reservation. "They proudly say they are a sovereign nation," said Susan Reanu, who lives near Missoula and is a writer of books on wildlife and a leading opponent of transferring management of the range. "That causes problems with accountability. Who do they answer to?" Transferring land paid for by taxpayers and hunters sets a terrible precedent, she added. She fears that the tribes will move to add tourist centers, perhaps even a casino. The entrance to the range is now tucked away in this village, 16 miles from the main highway. She also fears the tribes will create a second entrance on U.S. 93, increasing traffic and harming bison and other wildlife. The tribes have said they have no such plans. The 1994 law, the Self-Governance Act, allows federally recognized tribes to apply for management of Interior Department functions that are of "special geographic, historical and cultural significance" to a tribe. The lone existing compact, said Paul Hoffman, deputy assistant secretary of fish, wildlife and parks for the Interior Department, is at Grand Portage National Monument on the northeastern tip of Minnesota and within the Grand Portage Indian Reservation, home to the Ojibwa. Any agreement that allows the tribes decision-making authority on the bison range would be the first to allow a tribe to manage a wildlife refuge. According to the federal register, 19 wildlife refuges and 34 national parks are eligible for similar agreements, including 10 in Alaska, as well as Mount Rainier National Park in Washington and Glacier National Park in Montana. Tribal spokesmen said that although the Fish and Wildlife Service was negotiating in good faith, they believed that some opposition, especially among whites on the reservation, was rooted in racism. "More than once," Mr. Dupuis said, "people at meetings have said we don't keep our yards clean, and the Bison Range would be like that." The Salish and Kootenai were combined on the Flathead Indian Reservation in the 19th century. The tribes have more than 1,000 employees and 15 biologists, and in many instances tribal employees have worked with refuge employees. The reservation has a history of conflict over managing resources, largely because of an unusual pattern of land ownership. The federal government took control of the whole reservation from the tribes around the turn of the century and allocated each tribal member 160 acres. The rest was open to settlement, and white settlers moved in. As a result, 30 percent of the reservation is owned by people who are not tribal members. Because of the split and the tribes' governing powers, the conflicts often have racial elements. A mission statement in 1996 said the tribes would "strive to regain ownership and control of all land within our reservation boundaries." Copyright c. 2003 The New York Times Company. --------- "RE: Medicine Wheel plans draw fire" --------- Date: Tue, 18 Nov 2003 08:44:41 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MEDICINE WHEEL" http://www.owlstar.com/dailyheadlines.htm http://www.billingsgazette.com/~/build/wyoming/40-medicinewheel.inc Medicine Wheel plans draw fire By MIKE STARK Gazette Wyoming Bureau November 18, 2003 A few years ago, controversy dampened enthusiasm for a draft proposal to expand the 110-acre Medicine Wheel National Historic Landmark in the Bighorn Mountains to more than 15,000 acres. Now, there's talk again about expanding the site to a lesser degree and possibly changing the name. Not surprisingly, disagreement is following close behind. Much of the debate centers on whether it's legitimate to include land near the Medicine Wheel in the historic landmark site. That question has fostered disagreement among the seven "consulting parties" that help oversee the landmark. The group will meet in Billings in early December but Bill Bass, supervisor of the Bighorn National Forest, where the landmark is located, said Monday he's not sure the point will be resolved anytime soon. "I don't feel we're at a decision point right now," Bass said. Although the origin of the Medicine Wheel remains a mystery, Native American tribes have long regarded it as a place of spiritual and ceremonial significance. Located east of Lovell, the 80-foot diameter stone circle sits on the western peak of Medicine Mountain. The Medicine Wheel was listed on the National Register of Historic Places in 1969. In 1996, a historic preservation plan was signed to manage the landmark. One of the provisions in the plan was to study the surrounding area and submit a proposal to expand the site if archaeological and ethnographic findings supported such a move. Bass said two proposals are being discussed - one that would expand the site to about 2,000 acres, and another that would see it grow to 7,000 to 9,000 acres. Supporters of the expansion say there's ample evidence that Native Americans used the surrounding area on their way to the Medicine Wheel. Archaeology and oral history indicate trails leading to the wheel and places where tribal members may have cleansed themselves on their way to the top, said Richard Currit, Wyoming's state historic preservation officer. Including those lands in the landmark site is an appropriate next step, he said. "My opinion is that the agreement in place says the largest boundary justified by archaeological and ethnographic evidence and that's what we want," said Currit, who is also one of the seven consulting parties for Medicine Wheel. "It should reflect the reality of what the place is." A study released in 1999 said the traditional Native American use of the site extended far beyond ancient structure to the entire "spiritual landscape" of Medicine Mountain. The study, which came in the form of a nomination to expand the landmark to 15,230 acres, said the increased acreage would take in associated archaeological sites, including campsites, trails and medicinal plant gathering sites. "I think the evidence is there," Currit said. Acknowledgment of those sites outside the official landmark has prompted another proposal - changing the name to Medicine Mountain National Historic Landmark. Keith Grant, a Bighorn Coun-ty commissioner and another member of the consulting team for the landmark, said he's not convinced there's a need for the expansion or the name change. He said there are cultural sites in the area, but none have been shown to have a direct connection with Medicine Wheel. "I haven't seen any archaeological evidence (in the area) tied to the wheel," Grant said. Grant said he's concerned that expanding the landmark would eventually lead to rules restricting use on the land, which is sometimes used by locals for hunting and other recreational activities. "Nobody really wants to see any further restrictions than what we've got now," Grant said. "Restrictions in the immediate area are fine but if it expands to 9,000 acres, that would be totally unacceptable." He also said the name change would be unacceptable because over the years locals have come to identify that area as Medicine Wheel. "It's just part of our culture and tradition," he said. "I cannot see any reason to change it." In a letter to Bass, Sen. Mike Enzi, R-Wyo., recently urged the Forest Service to rethink any proposal to expand the site or change its name. "These efforts are significant given the history of controversy that surrounds this issue and the strong community opinions that have accepted the existing landmark as a viable compromise to other proposed management plans," Enzi said. Bass knows that he won't get a full endorsement for any proposal but is hoping to at least get "informed consent" from the consulting parties before any changes are proposed to the National Historic Register. "If all parties support it, there's a much higher probability for it to get serious consideration," Bass said. "If I submit a nomination that's lukewarm, I don't know if it'll have any potential for success." The seven-member consulting team includes officials from the Forest Service, Bighorn County, Wyoming State Historic Preservation Office, the Medicine Wheel Alliance, the Medicine Wheel Coalition, the Advisory Council for Historic Places and the Federal Aviation Administration, which has a radar station on top of the mountain. The group will meet Dec. 6 in Billings. Copyright c. The Billings Gazette, a division of Lee Enterprises. --------- "RE: Begay, Indian Leaders push importance of Health" --------- Date: Thu, 20 Nov 2003 08:41:55 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HEALTH" http://www.owlstar.com/dailyheadlines.htm http://www.abqjournal.com/news/metro/apwalk11-20-03.htm Begay, Indian Leaders Push Importance of Health By Susan Montoya Bryan The Associated Press November 20, 2003 A sea of people wearing blue baseball caps marched around the heart of Albuquerque on Wednesday in the opening salvo of a war aimed at improving Native Americans' health. The crowd was led by professional golfer Notah Begay, who said he was particularly worried about the high rate of diabetes among his fellow Indians. About one in four have the disease. "We need to walk, we need to exercise so we can show our children how to walk into a brighter future," Begay told the crowd of about 100 people. "We're walking toward improvement and we're going to create a better environment for our kids to grow up in." The march around the city's civic plaza was part of the first Native American Health and Fitness Day and the 60th annual National Congress of American Indian conference. Tribal leaders watched as Dr. Charles Grim, director of the Indian Health Service, and representatives from Nike signed an agreement to promote healthy choices among Indians. "We know that a lot of the diseases we're facing are diseases of behavioral and lifestyle choices and we have to get our community making positive choices," Grim said. Grim noted glaring disparities that revealing the health challenges facing tribal communities. For example, Indian alcoholism death rates are 770 percent higher than in the rest of the nation, diabetes death rates 420 percent higher, accidents 280 percent higher, suicides 190 percent higher and homicides more than 200 percent higher, Grim said. Tribal leaders have voiced concerns this week that federal officials seem to have a grasp on the problems but have failed to provide resources for improvements. They pointed at underfunding for the Indian Health Service. Access to health care and the poor condition of facilities available to Indians are also concerns. For example, Grim said, the average age of IHS buildings is 32 years compared to eight to 10 years in the private sector. Grim said the Bush administration is committed to eliminating disparities for Indians. He pointed to $50 million in federal grants for special diabetes programs and a request moving through Congress for an additional $20 million for safe drinking water projects. Tribal leaders also got an update Wednesday on the federal government's trust reform efforts from Ross Swimmer, the Interior Department's special trustee for American Indians. A federal judge has ordered the agency to account for royalties that were supposed to be collected from oil, gas, timber and grazing on Indian lands for more than a century. Lawyers for the Indians insist that, with interest, the account should be as much as $176 billion. They claim the government squandered billions of dollars that is owed to the Indian landowners. Swimmer described trust reform as one of the most critical issues for tribes. "It has both benefits and it certainly has its downside as far as having to manage the trust and keep up with what the court wants us to do, as well as what Congress wants us to do and what the tribes want the department to do," he said. "We basically have three bosses." In reorganizing the trust, Swimmer said the department doesn't want to diminish the trust responsibility owed by the federal government to tribes through treaties and acts of Congress. The department has scheduled four meetings over the next two months to gather more opinions about the reform plans. But tribal officials are concerned the department has already made up its mind about the direction the reforms should take. Daryll LaCounte, director of the Bureau of Indian Affairs trust re- engineering project, stressed to tribal leaders that they must continue to take part in the process. "For us to fix something that took 200 years to get where we're at today, to expect us to fix it in a year, in two years, in three years and do it right, just isn't realistic," he said. "It needs to be done right and to do it right you've got to have all the players." Copyright c. 1997 - 2003 Albuquerque Journal: Albuquerque, New Mexico. --------- "RE: Increase in Natives at Univ. Alaska at Anchorage" --------- Date: Thu, 20 Nov 2003 08:41:55 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NATIVE STUDENTS" http://www.adn.com/alaska/story/4389254p-4399607c.html UAA adds minority students STEADY INCREASE: Some groups, including Natives, are up nearly 50 percent. By NICOLE TSONG Anchorage Daily News November 17, 2003 Students seem to buzz around constantly at the AHAINA and Native Student Services area on the first floor of the University of Alaska Anchorage's business education building, writing papers on computers, studying with friends and chatting with advisers. It didn't used to be that way. Beatriz Rodriguez, the retention coordinator for AHAINA student programs, which stands for African-American, Hispanic, Asian Pacific Islander, International and Native American, remembers a time not long ago when the AHAINA area was practically empty. Now "the place is usually packed," said Rodriguez, whose office faces the study area. Some of that buzz can be attributed to efforts by AHAINA and Native Student Services to let students know that the center is a comfortable and accessible study area, said Willy Templeton, director of Native Student Services. But much is also due to a steady increase in the number of minority students at UAA over the past few years. Since 1994, minority enrollment has climbed by about 1,000 students, about 25 percent, according to statistics published by the university. The greatest growth has come in the number of Alaska Natives, Hispanics and Asian Pacific Islander students, with those groups growing by nearly 50 percent, according to the university's 2002 trend book, a compilation of statistics. The black community has shrunk, however, by 20 percent in the same period. But taken together, those numbers mean that about one out of five students at UAA now is a minority. Several factors fueled the growth, including the re-establishment of a recruiting office and more attention to student services. But Peggy Byers, assistant enrollment director, says the Alaska Scholars Program is a key influence behind the change. The scholars program, which waives tuition for Alaska high school students in the top 10 percent of their classes, has been credited with bringing younger students to the campus and keeping more Alaskans in Alaska. University of Alaska President Mark Hamilton established the program, launched in fall 1999. Byers said the program includes people from rural Alaska who might not have attended UAA without the tuition waiver. "Naturally, we're providing an opportunity across the state," she said. Many people in the scholars program are choosing UAA, said Bob Miller, spokesman for the University of Alaska. "One of the serendipitous byproducts (of the program) is the diversity aspect," he said. Byers also said that increased recruiting at community colleges in the Southwest United States, which have a higher percentage of minorities, also helped make UAA more diverse in the past few years. And the university has programs geared for Natives within some of its specialized schools, including ANSEP, the Alaska Native Science and Engineering Program, and RRANN, Recruiting and Retention of Alaska Natives into Nursing. Part of UAA's minority enrollment is coming closer to matching Anchorage's overall ethnic makeup, and is nearly equal to the state's already. According to the 2000 U.S. census, the state is 4.1 percent Hispanic, while Anchorage's Hispanic population is 5.7 percent. At UAA, 4.0 percent of undergraduate students last year were of Hispanic descent, according to the trend book. And Asian Pacific Island students are at 4.8 percent at UAA, compared with 6.1 percent statewide and 8.5 percent in the city. Despite the decline in the black population, the student makeup of 3.6 percent is close to the state's population of 4.3 percent, though UAA is still far behind Anchorage, which is about 7.2 percent black. The Native student population still lags behind, with 7.2 percent at UAA, while statewide the average is 19 percent and in Anchorage is near 10.4 percent. The trends appear to be on track for this semester, according to preliminary statistics based on opening enrollment. The percentage of minorities enrolled at UAA rose slightly, to about 21.6 percent, according to those numbers. Student Natasha Sison, 18, an East High School graduate who is Hispanic and Filipino, said UAA feels even more diverse than East, one of the most ethnically mixed schools in Anchorage. Alaskans "accept the diversity thing," she said during a study break at AHAINA's study area. "They wouldn't want anything else." But the people at AHAINA and Native Student Services also stress retention. Getting students here isn't enough. You have to persuade them to stay, Templeton said. UAA has succeeded on that count with the Native programs in engineering and nursing, which give the students a comfort zone outside of Native Student Services, he said. People at AHAINA also work to ensure students can make the leap from high school to college. Templeton hopes to implement more programs for Native students in the business and education schools. "If we're just recruiting kids and they're only here one year and gone, that's not doing a service," he said. "Sometimes it's better not to recruit so many and of the ones we do recruit, treat them right and keep them. But there's always going to be room for improvement." Daily News reporter Nicole Tsong can be reached at ntsong@adn.com or 257-4450. Copyright c. 2003 The Anchorage Daily News. --------- "RE: Judge strikes down one Native Hawaiian Lawsuit" --------- Date: Fri, 21 Nov 2003 08:10:34 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NATIVE HAWAIIANS" http://www.indianz.com/News/ http://www.washingtonpost.com/wp-dyn/articles/A1922-2003Nov20.html Programs For Ethnic Hawaiians Survive Preference Battles Likely to Continue By Rita Beamish Special to The Washington Post November 21, 2003 HONOLULU - Legal efforts to derail educational and social programs for people of Hawaiian ancestry received a series of setbacks in recent days, but ethnic Hawaiians say they are not celebrating, because more battles loom. Earlier this week one judge upheld Hawaiian-preference admission at the prestigious Kamehameha Schools, and another indicated she would substantially shrink a separate case challenging the legality of state agencies that help ethnic Hawaiians. A third judge heard arguments on Tuesday and said he would rule in two weeks in yet another case involving a white student seeking admission to Kamehameha Schools. The flurry of legal activity here this week comes at a historic time for ethnic Hawaiians, who are facing some of the toughest challenges yet to programs that provide them special help because of their unique history in this island state. The challenges are brought by taxpayers and students objecting to preferential treatment for ethnic Hawaiians, who make up about 20 percent of the state's 1.2 million people. "The reason we are hesitant to be jubilant is because we know the American system. This is one small battle," said Manu Kaiama, of the Native Hawaiian Leadership Project. "It is not a joyful time for the Hawaiian community. These are times of turmoil," added Hinaleimoana Wong, a charter school teacher who brought her students to demonstrate at the U.S. District Court building here, where the cases were heard in separate hearings over two days this week. She led them and several dozen others in a chant about a great Hawaiian king leading his warriors into battle. Lawyers challenging a host of Hawaiian preference programs as racially discriminatory are vowing to appeal their cases to the U.S. Court of Appeals for the 9th Circuit. "We'd like to get the case moving and reach a conclusion. We're in it for the long run," said William Burgess, attorney for 15 taxpayers who are challenging two state agencies as unconstitutional because they serve only ethnic Hawaiians. "We want to terminate these programs." U.S. District Judge Susan Oki Mollway did not issue a final ruling after hearing arguments Monday. But orally, and also in a written "inclination," she foreshadowed a decision to dismiss the case as it pertains to the Department of Hawaiian Home Lands. Since the agency, which provides homesteads for Hawaiian people, was created by federal statute, the plaintiffs as state taxpayers could not challenge it, she wrote. If Mollway rules as both sides expect, she would allow a lesser portion of the case pertaining to the Office of Hawaiian Affairs to continue. That office was created by a state constitutional amendment and is charged with using revenues from former crown lands to help ethnic Hawaiians. In a separate case about Kamehameha Schools, ethnic Hawaiians won an unequivocal victory on Monday. U.S. District Judge Alan Kay ruled that the schools' discriminatory admissions policy is justified because it occurs at a private institution that receives no federal funds, and the racial preference "serves a legitimate remedial purpose" by addressing the socioeconomic and educational disadvantages of Hawaiians. But Kay wrote, "In view of the unchartered area of law involved in this case, it is likely that the ultimate resolution of these issues will be made by a higher court." Lawyer Eric Grant said he would appeal for his client, a non-Hawaiian child challenging Kamehameha's policy of admitting only those of Hawaiian ancestry. The week's good news for ethnic Hawaiians only underscored worries about future cases. The Supreme Court's landmark 2000 ruling that elections for Office of Hawaiian Affairs trustees no longer could be restricted to voters of Hawaiian ancestry "set the context for well-funded efforts to continue to go after eroding programs for Hawaiians," said the office's chairwoman, Haunani Apoliona. "Every time you take a layer off, like an onion, something can pop up somewhere else. They'll come every which way... and they will all seek to chip away at advancements for Hawaiians." While Mollway has considerably narrowed the challenge to the state agencies, any ruling against the Office of Hawaiian Affairs' use of state taxpayer money "would serve as a precedent for the next case" in efforts to completely invalidate the agency, said Robert Klein, an a lawyer representing Hawaiian homelands residents. "Never in my knowledge have there been so many challenges on different fronts to Hawaiian institutions and programs," he said. "It's a time of a lot of uncertainty about what the future is going to be." Copyright c. 2003 The Washington Post Company. --------- "RE: Boosting Aboriginal Dreams" --------- Date: Wed, 19 Nov 2003 08:44:41 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RESOLVING STEREOTYPES" http://www.owlstar.com/dailyheadlines.htm http://www.canada.com/~10a054d8-4b68-45ff-9a9d-9df9a99fa6c3 Boosting aboriginal dreams Curriculum is at root of math, science success, professor says PEGGY CURRAN The Gazette November 19, 2003 Corinne Mount Pleasant-Jette' wants to demolish stereotypes about Canada's aboriginal peoples - and she has just the formula to do it. "We see too much about the displaced people of Davis Inlet, the ravages of the socio-economic problems on the reserves," said Mount Pleasant- Jette', a Tuscarora Indian and a professor of engineering at Concordia University. "There are lots of young native people who are bright, ambitious and creative. Given the right encouragement, they can achieve great things." But talk is cheap, and results are not. So Jette' has spent much of the last decade developing curriculum designed to give aboriginal students the push they need to get ahead in math and sciences, subjects they must master to solve very real social, economic and infrastructure issues on Canada's reserves. "In terms of health, education, and economic development, native communities are not on a par with the rest of Canadians." At a ceremony tonight at the Museum of Nature in Ottawa, Canada's Natural Science and Engineering Council will present a $10,000 award for excellence to the Native Access to Engineering Program at Concordia, which Mount Pleasant-Jette' founded in 1993 to encourage more aboriginal students to stay in school and become engineers. For now, that last bit is still a pipe dream. Of the 165,000 professional engineers in Canada, only about 150 are aboriginal. There have been small breakthroughs. About 10 aboriginal engineers graduate from the University of Manitoba each year. Mount Pleasant-Jette' is especially proud of Duncan Cree of Kanesatake, a Concordia engineering grad who started out as a science camp counselor and is now a PhD candidate. Yet she understands that changing learning habits and attitudes toward higher education takes time and patience - getting kids excited about school when they are little, and helping parents overcome mistrust ingrained by their own experiences with the residential school system. Initially sponsored by Concordia and the Ordre des inge'nieurs du Que'bec, and geared primarily toward aboriginal students in Quebec, the program has expanded across the country. With backing from the federal government and corporate donors, it offers a comprehensive range of math and science lessons to teachers, students and community elders through outreach, workshops and e-learning on its Web site. Lessons are deliberately targeted to students in Secondary 3 and 4. Research shows that's the stage when kids who are going to drop out have begun to fall away, and math and science courses start to become more difficult. "If they are going to continue, the idea is to make them want to stay in school, to like it, and to do well," Mount Pleasant-Jette' said. An Order of Canada recipient and co-chairperson of a national task force on First Nations education, Mount Pleasant-Jette' also found standard course material described problems or situations that might not make much sense to youngsters in remote native communities. So where a city teacher might use a playground teeter-totter to explain concepts like velocity and load shift, the teacher on a rural northern reserve would have more luck talking about the weight of heavy snow on a tree branch. "Good teachers always know who their students are. We encourage them to use the example that works best for their class." Visit www.nativeaccess.com for details on Concordia's program. pcurran@thegazette.canwest.com Copyright c. 2003 Montreal Gazette. --------- "RE: N.B. Government to meet on Wood Harvesting" --------- Date: Thu, 20 Nov 2003 08:41:55 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="WOOD HARVESTING REGS" http://www.owlstar.com/dailyheadlines.htm http://www.canoe.ca/AtlanticTicker/CANOE-wire.NB-Native-Forestry.html N.B. government to meet with native leaders on wood harvesting regulations November 19, 2003 FREDERICTON (CP) - New Brunswick's government is planning to meet with native leaders to discuss the regulation of wood harvesting, in the wake of a Court of Queen's Bench decision upholding the treaty right. The meeting between the Department of Natural Resources and the natives is tentatively scheduled for Dec. 1 in Fredericton. The natural resources minister has said he wants the native leadership to know he wants both sides to work out an agreement accommodating everyone's interests. "It is better to work things out in mutual agreements than to have them imposed," said Keith Ashfield in a recent interview. In the interim, the department will follow guidelines suggested by provincial Judge Murray Cain who made the original ruling that was later upheld by the Court of Queen's Bench. Under the guidelines, natives looking to harvest wood for personal use, which includes wood for homes and heat, will have to advise the nearest government wildlife official on what type of wood they need and use. No wood gathered for personal use can be sold and harvesters need to have community approval, according to the guidelines. "We are going to abide by the ruling of the courts and the courts are quite clear," said Ashfield. Native leaders are welcoming the department's conciliatory tone. "I think this is great that he does come to the chiefs to discuss these issues," said Jeffery Tomah, the Woodstock First Nations Chief. "It is a good start. We are both on the same page." Earlier this month, the Court of Queen's Bench ruled Judge Cain correctly interpreted the treaty rights of two members from the Woodstock First Nation. Dale Sappier and Clark Polchies were acquitted of stealing wood from Crown land this past January after arguing they had the right to harvest the timber for personal use. The province can still appeal the decision. Copyright c. 2003, CANOE, a division of Netgraphe Inc. --------- "RE: Ottawa pays Native Bands to help track Funding" --------- Date: Mon, 24 Nov 2003 08:20:12 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ACCOUNTABILITY" http://www.owlstar.com/dailyheadlines.htm http://www.globeandmail.com/~/BNStory/National Ottawa pays native bands to help track funding Canadian Press November 23, 2003 Ottawa - The Indian Affairs Department is paying aboriginals to draft their own reporting rules in a bid to better track how the government spends $5 billion a year. More than 100 approved bands across Canada will receive a total of $3.6 million to write or tighten fiscal, electoral and administrative codes. "If the band has control of it and it's passed by the people, it's a lot stronger," said Chief Elaine Chicoose of the Pasqua First Nation northeast of Regina. "We've never had money to develop our own policies." Indian Affairs Minister Robert Nault had tried and failed to achieve the same objective through much-criticized legislation. Roughly 80 per cent of the $5 billion spent by his department each year is for programs run by more than 600 First Nations. Bands already submit audit reports to Ottawa each year, but Mr. Nault wanted improved controls and administration. His attempt to set legislative rules, however, spurred protests across Canada. Aboriginal leaders said they weren't properly consulted on the proposed First Nations Governance Act and warned that native self- government rights were under attack. Mr. Nault's bill died when Parliament was shut down recently to give incoming prime minister Paul Martin a fresh start in the new year. Mr. Martin had been critical of the legislation, saying it was too rushed to allow real native input and poisoned relations with native bands. He had signalled he would not implement it as drafted. Chief Chicoose was glad to see the bill die. "They never listen to what the people really want," she said of Ottawa bureaucrats. "They figure they know what's best." Her band will use $30,000 under the new program to write election and financial management acts. "We have policies that we follow, but we would like a financial act that we can take to the (band) members" for a vote, she said. Hers is one of 200 bands that applied for a portion of $5-million allotted by Indian Affairs for the rule-writing program. Of those, more than 100 proposals have been approved at a cost of $3.6-million. Why didn't Indian Affairs go this route in the first place, instead of trying to impose unwanted legislation? "There's always the humility of hindsight," said Alastair Mullin, a spokesman for Nault. "Our proposal was to use that as a bridge to self-government," he said of the contentious legislation. "We opened the door to government and this department far wider than any other government or minister has." Ottawa spent $10-million on related consultations that yielded more than 10,000 responses, Mr. Mullin noted. "From the beginning, we asked First Nations to come forward with their ideas." That's not how Chief Ray Noble remembers the push to pass the legislation. "Nobody really understood it," said the leader of the Klahoose band on Vancouver Island. "They just came in and said: 'This is a bill that we're passing.'" Mr. Noble's community will use $47,250 to write a governance manual, including a fiscal reporting code. About one-quarter of Canada's 700 native bands, tribal councils and native political groups are under special management because of deficits that exceed 8 per cent of their budgets. Of those, about 5 per cent have lost control of their finances because of on-going problems. Critics such as the Canadian Taxpayers Federation say more accountability is needed. But native leaders frequently blame Ottawa for shirking historic treaty obligations and under-funding their communities. Copyright c. 2003 Bell Globemedia Publishing Inc. --------- "RE: Woman opens Council's Eyes to Homeless Problem" --------- Date: Wed, 19 Nov 2003 08:44:41 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HOMELESS ABORIGINALS" http://www.owlstar.com/dailyheadlines.htm http://north.cbc.ca/~homelesrank11172003&disp=e&end Woman opens council's eyes to homeless problem November 17, 2003 RANKIN INLET, Nunavut - An addictions counsellor in Rankin Inlet says there are at least a dozen homeless people in the community. Mary Irkootee says the community desperately needs a shelter for the 10 to 15 different people she sees every month who have no place to live. Irkootee says many of the homeless are struggling with addictions or have a criminal record. She says having no home only makes it harder to get past those problems. Irkootee brought the issue up at a recent hamlet council meeting. Hamlet councillor Laura Kowmuk says she thinks Irkootee's story had a big impact on the council. She says they knew there was a problem, but didn't realize how big it was. "Everybody has to decide we're going to work on this and set a goal and an action plan," she says. "I know there's different organizations saying this but I'm just waiting for someone to take the lead on this." Kowmuk says she has been working on a proposal for a healing centre in Rankin. She says it could include a space for people who are temporarily homeless. Kowmuk hopes to have the proposal for the centre put together shortly. Copyright c. 2002 CBC. All Rights Reserved. --------- "RE: Left for Dead in a Saskatchewan Winter" --------- Date: Mon, 24 Nov 2003 08:20:12 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="POLICE ABUSE" http://www.owlstar.com/dailyheadlines.htm http://www.washingtonpost.com/wp-dyn/articles/A5094-2003Nov21.html Left for Dead in a Saskatchewan Winter A Survivor's Story Exposes Police Abuse of Indigenous Canadians By DeNeen L. Brown Washington Post Foreign Service Saturday, November 22, 2003 SASKATOON, Saskatchewan -- Two white policemen picked up Darrell Night outside his uncle's apartment one January day before dawn. There had been a quarrel, and Night, who had been drinking, was shouting obscenities. Night, a member of the Cree Nation, recalls thinking the cops were going to throw him in the drunk tank, but they drove straight out of town. They took him to an isolated spot three miles outside Saskatoon. "Get the [expletive] out of here, you [expletive] Indian," he recalled one officer saying, and they slammed his face on the hood of the trunk, took off his handcuffs and left him standing alone on a riverbank. "I'll freeze out here," he yelled. "What's wrong with you guys?" A voice echoed in the cold: "That's your [expletive] problem." Night watched the car drive off, its lights trailing out of sight. The wind was whipping on the night of Jan. 28, 2000, in Saskatchewan, where there can be sudden blizzards and temperatures may drop to 40 degrees below zero. He was wearing a T-shirt, jeans, a jeans jacket and running shoes. "I thought I was dead, but something told me, don't give up," he recalled. So Night started walking. Night said he would have been "one more dead Indian," a victim of what had become known as the "midnight blue tour," a body found on the outskirts of Saskatoon, with no witnesses and only a dead man's story to tell. But he managed to walk several miles to the Queen Elizabeth power station, where a watchman let him in from the cold. Night's account of his survival transfixed Saskatoon and opened a window on what some have called the dark side of the city's police force, which may have imposed its own death penalty on the wind-whipped prairie. Over the years, at least five frozen bodies of aboriginal men have been found in the same area. There were always rumors the police had dropped them off, but there was nothing to prove it until Night made it back alive. Many people were outraged, and Night began receiving death threats. Since then, hundreds of other aboriginal people from across Canada have called