From gars@speakeasy.org Thu Mar 18 01:40:23 2004 Date: Tue, 16 Mar 2004 15:33:24 -0800 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews12.012 _ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' ____ _ , ___ _ , ___ / ' ) / / ) ' ) / / ' VOLUME 12, ISSUE 012 / /-< / /--/ /-- __/_ / ) (___/ / ( (___, WOTANGING IKCHE - Lakota - Common News Wotanging Ikche and Native American News Copyright c. 1996-2004 nanews.org Aboriginal/AmerIndian Perspective about the First Nations of Turtle Island March 20, 2004 Cherokee nvda kola/windy moon Zuni li'dekwakkya ts'ana/little sand storm moon +-------------------------------------------------------+ | Much more happens in Indian Country than is reported | | in this weekly newsletter. For daily updates & events | | go to http://www.owlstar.com/dailyheadlines.htm | +-------------------------------------------------------+ Otapi'sin Atsinikiisinaakssin -- Blackfeet -- News for All the People Ni-mah-mi-kwa-zoo-min -- Ojibwe -- We Are Talking About Ourselves Aunchemokauhettittea -- Naragansett -- Let Us Share News Kanoheda Aniyvwiya -- Cherokee -- Journal of the People O Es'te Opunvk'vmucvse -- Creek -- People's New News O o O Acimowin -- Plains Cree -- Story or Account O o O Tlaixmatiliztli -- Nahuatl -- News O o o o o O Agnutmaqan -- Listuguj Mi'kmaq -- News O o O Sho-da-ku-ye -- Teehahnahmah -- Talking Birchbark O o O Un Chota -- Susquehannic Seneca -- The People Speak O Ha-Sah-Sliltha -- Ditidaht Nation -- News of the People Ximopanolti tehuatzin, inin Mexika tlahtolli -- Nahuatl -- For you we offer these words It-hah-pe-hah Ah-num pah-le -- Chickasaw -- Together We Are Talking Dineh jii' adah' ho'nil'e'gii ba' ha' neh -- Navajo Nation -- What's Happening among The People News Okla Humma Holisso Nowat Anya -- Choctaw -- People(s) Red Newspaper Hi'a chu ah gaa -- Pima -- The stories or the talk of the People Native American News -- Language of the Occupation Forces ++>If you speak a Native American language not listed above, please send us your words for "News of the People." We'd rather take up this whole page saving these few words of our hundreds of nations than present a nice clean banner in the language of the occupation forces who came here determined to replace our words with their own. email gars@nanews.org with the equivalent of "News of the People" in your tribal language along with the english translation <================<<<< >>>>================> This newsletter is produced in straight ASCII text for greatest portability across platforms. Read it with a fixed-pitch font, such as Courier, Monaco, FixedSys or CG Times. Proportional fonts will be difficult to read. <================<<<< >>>>================> This issue contains articles from www.owlstar.com; www.indianz.com; www.pechanga.net; Frostys AmerIndian and Rez Life Mailing Lists; UUCP email IMPORTANT!! ----------- In accordance with Title 17 U.S.C. section 107, all material appearing in this newsletter is distributed without profit to those who have expressed a prior interest in receiving this information for educational purposes. <================<<<< >>>>================> This newsletter is a way of keeping the brothers and sisters who share our Spirit informed about current events within the lives of those who walk the Red Road. ++ It may be subscribed to via email by sending a request from your own internet addressable account to gars@speakeasy.org ++ It is archived at http://www.nanews.org <================<<<< >>>>================> +-- -- -- -- -- -- -- -- -- -- -- --+ + -- -- -- -- -- -- -- -- -- -- -- + | As historian Patricia Nelson | | Once a language is lost, it is | | Limerick summarized in "The | | gone forever | | Legacy of Conquest: The Unbroken | | * Of the 300 original Native | | Past of the American West... | | languages in North America, | | "Set the blood quantum at | | only 175 exist today. | | one-quarter, hold to it as a | | * 125 of these are no longer | | rigid definition of Indians, | | learned by children. | | let intermarriage proceed as | | * 55 are spoken by 1 to 6 elders;| | it had for centuries, and | | when they die, their language | | eventually Indians will be | | will disappear. | | defined out of existence." | | * Without action, only 20 | | "When that happens, the federal | | languages will survive the next| | government will be freed of | | 50 years. | | its persistent 'Indian problem.'"| | Source: Indigenous Language | +-- -- -- -- -- -- -- -- -- -- -- --+ | Institute | |http://www.indigenous-language.org| This issue's Elder Quote: + -- -- -- -- -- -- -- -- -- -- -- + ======================== "It was lonesome, the leaving. Husband dead, friends buried or held prisoners. I felt that I was leaving all that I had but I did not cry. You know how you feel when you lose kindred and friends through sickness - death. You do not care if you die. With us it was worse. Strong men, well women and little children killed and buried. They had not done wrong to be so killed. We had only asked to be left in our own homes, the homes of our ancestors. Our going was with heavy hearts, broken spirits." __ Wetatonmi, Nez Perce, widow of Chief Joseph's brother, Ollokot +- -- -- -- -- -- -- -- -- -- -- -+ | 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! This newsletter lost some subscribers last issue because I chose to do something I rarely do - I took a political stance in this editorial section. Specifically, I said Indian Country cannot tolerate another term of the Bush Administration. Most of the requests to unsubscribe were polite, though pointed. None seemed to come from a Native reader. For the record I don't like to take polital stances in this newsletter, either. When I see I have no choice I plant my staff and say what I believe is necessary. I ask each of you to read the comments from several tribal leaders who are justifiably angry with the BIA reorganization. Take special note of the comments from Tex Hall and Joe Shirley. The double-shuffle the Bush administration calls the BIA Reorganization and the resultant Office of Trustee under Ross Swimmer is just another way to take funds from the Indian and another way to answer the Indian Question. If that truth insults a few more readers, so be it. Indian Country has enough issues without gutting funds earmarked for treaty-guaranteed education and health care to pay an "around the fort" fox to lurk in what's left of the rez henhouse. Late breaking item: It isn't just in the U.S. - Bill C-23 has been introduced into the Canadian Parliament. It is nothing but a redressed version of Nault's Governance Act (C-19), which was soundly rejected by First Nations. Dohiyi Ani Oginalii , , Gary Smith Night Owl (*,*) gars@speakeasy.org P. O. Box 672168 (`-') gars@nanews.org Marietta, GA 30012, U.S.A. ===w=w=== http://www.nanews.org ----------- News of the people featured in this issue ---------- - Tribes begin - Osages give Committee an Earful Voter Registration drive - Attitude that shaped 40 Years - Voting Rights Coordinators of Indian Policy lined up in Grants - Native Leaders - Tribes have advantage to be consulted more in filling Emergency Gap - No Big Cash - Company mining Sacred Site for Native Housing Crisis files for Bankruptcy - Aboriginal Leaders - Enviromental Dispute meet with Paul Martin dates back 30-Plus Years - Rallies call for - Tribe says Governor End to Violence, Abuse putting Children in Jeopardy - Defining Metis a Complex Task - Washington Lawmakers - Nault's Bill C-19 approve Charter Schools Bill re-introduced as C-23 - BIA reorganization update - Native flag defaced, before Senate committee Police charged - Tribal Leaders call on Congress - Canad1an Federal Gun Registry to deny BIA Funds Unconstitutional - Shirley, Hall blast BIA Plan - Ipperwash Judicial Inquiry - Judge again orders begins next Month shutdown of DoI Computers - Inquiry hears Ball dropped - Navajo Poverty cited on Stonechild Probe in pursuit of Fed Funds - Blackfeet Leaders anxious - Simmons changes BIA Reform Stance to resume Tribal Police - Virginia Indian Leaders - Early Reports point to Suicide seek Support in School Hanging - Monument's significance - Native Prisoner registers with Mukilteo -- Permission sought for - LETTER TO EDITOR: Indian inmate art project Hopi Tribe weighs NRCD Funding - History: Carlisle Indian School - New N.M. Indian Office Leader - Rustywire: Old Indian Land meets with Tribes - Verse: Hawaiian Book of Days - Crow, Three Affiliated Tribes - Larry Kibby Poem: plan Reunion The Affection of a Moment --------- "RE: Tribes begin Voter Registration drive" --------- Date: Wed, 10 Mar 2004 08:29:53 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="VOTER REGISTRATION" http://www.owlstar.com/dailyheadlines.htm http://www.siouxcityjournal.com/~/f0f3b03a2423d60e86256e53002066c5.txt Tribes begin voter registration drive By Michele Linck, Journal staff writer March 10, 2004 The Winnebago and Omaha tribes have begun a voter registration drive to get their members more involved in local, state and national government and, they say, to counter "anti-Indian actions" by the County Commission, and especially commissioner Teri Lamplot. John Blackhawk, Winnebago tribal chairman, and Donald Grant, Omaha tribal chairman, said they are also looking into a recall election against part-time County Attorney Albert Maul for "lack of service." Maul did not return messages left at his office Monday and Tuesday. Lamplot is one of three commissioners whose seats are open this election cycle. She did not return phone messages left at her home Tuesday. Blackhawk said they are calling their voter drive, "We Are the People" since tribal members constitute a 52 percent majority of people in the county. But, he said, until now they have had little involvement in mainstream politics, except for the Winnebago and Macy school district boards, which are made up entirely of Indians. The goal of the Winnebagos' drive is to register 376 more residents to vote, adding to the nearly 900 already registered, and to urge better turnout on election days. Thurston County has 4,248 registered voters countywide. While Winnebago tribal elections enjoy a 60-70 percent turnout, the numbers peak at 36 percent in general elections for county, state and national offices; they dip as low as 12 percent in primaries. Blackhawk predicted that raising awareness will lift turnout to 50 percent. Omaha Tribal Chairman Donald Grant said the Omahas' numbers and aspirations are similar. Already, registration meetings have netted 100 new voters. Blackhawk said the tribes are backing two of the six candidates who have filed to run for the open seats: Jay R. Stout, a Democrat from Winnebago, and Darren C. Wolfe Sr., a Republican from Macy. Blackhawk said the idea is to be represented fairly. He said the tribes identified Stout as a candidate who would be pleasing not only to the tribes, but to the farming community, because of his background as a farmer. Stout is head-to-head on the ballot with Democrat incumbent Lamplot of Thurston, for the district No. 2 seat. Wolfe is a member of the Omaha Tribe. He said the voter drive and his candidacy are about making people aware of the effect decisions made in Washington, Lincoln and Pender can have on their day-to-day lives. He said the new involvement is part of a people striving to better themselves as dual citizens. "We hope this will bear fruit and people will start asking questions of state government and Congress." Wolfe is running against Republican incumbent Charles "Ed" Maryott of Macy, for the district 6 seat. He said Maryott represented his constituents in a December meeting with Gov. Mike Johanns as being against cross deputizing tribal police officers. "I've never seen him conduct a poll or public hearing on the issue," Wolfe said. "He must be talking about a very small percentage of his constituency." Blackhawk said people in the county are generally satisfied, but "anti- Indian rumors" have awoken a "sleeping giant." He accused Lamplot of spreading untrue rumors about the tribes' intentions regarding law enforcement and other issues. Blackhawk said Lamplot is among those who say the Indians enjoy representation without taxation. Grant said he resents that. He said Indians pay property taxes on all privately owned homes and land, an amount that is rising with increased home ownership on both reservations. Blackhawk said the Winnebagos have raised property values with their increasing retail and residential development. He said it is estimated the new subdivision on the north end of Winnebago will produce $300,000 in property taxes when completed. Tribes may mount recall In a related move, Blackhawk said the two tribes expect to announce a recall election against Maul in the next week or two. He said Maul routinely declines to prosecute cases in which tribal police stop whites whom they believe are driving drunk or possess illegal drugs, to the extent the Thurston County deputies won't respond to calls for help because they know the case won't be prosecuted. Tribal police do not have jurisdiction over whites on the reservations. He said further that Maul has declined persistent invitations to meet with the tribal councils on various issues, and to meet with them and the State Patrol and U.S. Attorney's office to work out jurisdictional issues for law enforcement on the reservations. A particular sore point is Maul's alleged filing on behalf of the county an amicus brief in a U.S. Supreme Court case involving a question of Indian-on-Indian law enforcement involving members of different tribes on reservations. Wolfe said the brief also incorrectly quotes the Bureau of Indian Affairs as to the boundary of the reservation at Pender, which he said exacerbated an already sore issue in Thurston County. Blackhawk said he is sure Maul was directed in that filing by the County Commission, which he said, should not be acting against the majority of its residents. Copyright c. 2004 Sioux City Journal. --------- "RE: Voting Rights Coordinators lined up in Grants" --------- Date: Sat, 13 Mar 2004 15:53:37 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="Native Vote" http://www.owlstar.com/dailyheadlines.htm http://www.gallupindependent.com/031304nativeamericanvoting.html Native American Voting Rights Coordinators lined up in Grants By Jim Tiffin Staff Writer March 13, 2004 GRANTS - The final two Native American Voting Rights Coordinators for the primary and general elections should be appointed by the Cibola County board of commissioners Monday during a special meeting. One, Victor Sarracino, was appointed for the Pueblo of Laguna last week, but the other two county areas, the Pueblo of Acoma and Ramah Chapter of the Navajo Nation, are still vacant. The commissioners will also be presented with a contract to house federal prisoners at the Cibola County Detention Center by John Gould, detention center administrator. The contract is to house no more than 100 federal prisoners through the U.S. Marshal Service, all with immigration problems, Gould told The Independent Friday. The county will bill the current daily rate of $57 to the federal government, the same as to all other entities currently housing prisoners there, Gould said. Once the contract is approved by the commission, Gould said he expects to begin receiving prisoners within 60 days. "Today (Friday) we had 130 open beds," he said. "There is a cap of 100 federal prisoners. We are not going to fill the detention center to capacity with contract prisoners. We are going to leave a little leeway in case the population rises from local law enforcement like from over a three-day weekend or a holiday," he said. "We had to go through a federal inspection before we could be offered the contract," he said. The inspection was held in early February and the detention center passed with 100 percent compliance. Prisoners from Cibola County Corrections Center and other federal prisons within the state will be transferred to the detention center. "We got the contract also because we agreed to transport the prisoners," he said. Prisoners are classified as to their criminal record, criminal behavior while in prison and other factors, Gould said. "We'll take what they send us," he said. Also on the agenda is a request to approve out-of-state travel for the Sheriff's Department to attend a two juvenile training sessions for law enforcement, one in San Diego in April and one in Vancouver, British Columbia, Canada in July. The commission will meet at 5 p.m. in the board room at the county complex at 515 W. High St. Copyright c. 2004 the Gallup Independent. --------- "RE: Tribes have advantage in filling Emergency Gap" --------- Date: Tue, 9 Mar 2004 08:13:04 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CLOSE COMMUNITIES" http://www.lakotajournal.com/alc.htm Around Lakota Country Volume 5 * Issue 11 * March 5 - 12, 2004 Tribes have advantage in filling emergency gap By Dottie Potter Lakota Journal Associate Editor BISMARCK, ND - A small but potentially significant gap exists in the way communities respond to catastrophic disasters, like a huge tornado or unexpected explosion. Not enough has been done to prepare people who are on the scene when it happens - regular folks who can do some good in the time before professionals arrive. "Basically we're teaching civilians how to respond to an emergency situation," said Barbara Schmitt, University Center Director at United Tribes Technical College. "Being able to react to a situation can help fill that gap." Schmitt is the co-coordinator of UTTC's Community Emergency Response Team (CERT). The campus community of about 1,000 people located in the greater Bismarck-Mandan metro area is the first locality in North Dakota to assemble and train such a team. The training is promoted by the North Dakota League of Cities and is reminiscent of Civil Defense programs of the Cold War era. "There's a renewed emphasis on preparedness after 9/11," said Schmitt. "The President declared that people should be self-reliant and be able to help themselves and their neighbors in case of disaster or emergency. The UTTC administration has taken that seriously." The college recruited and organized 34 staff members from offices in all buildings on its 105-acre campus into four response teams. Emergency gear such as hard hats, identifying vests, safety goggles, rubber gloves and other emergency supplies are kept at the workstations of CERT members for easy access. Members have attended meetings, viewed videotapes and received training in search and rescue, first aid, blood-born pathogens, and basic fire suppression. During a recent training session the teams were timed in their response to a simulated airplane crash into a building on the college campus, which is adjacent to the Bismarck airport. "It felt like this was a real situation," said CERT member Julie Cain, a UTTC counselor. "We have a real need for this. We've already had tornado warnings here. Who would save us? It wouldn't be our security force, they don't have enough people." The simulated exercise was aimed at teaching how to "do as much good in the least amount of time," said Schmitt. How long it would be before the arrival of professionals depends on the magnitude of the event. "In the case of a tornado with major destruction it might be 24 hours before emergency professionals could get to certain areas," said Lt. Joey Vandervliet of the Bismarck Fire Department, who conducts public safety training and helped during the UTTC simulation. "Realistically, the time would probably be much shorter but certainly there'd be a need for self- reliance." While emergency training for lay people in larger communities has yet to become widespread in North Dakota, it appears that American Indian communities have the right formula for getting people trained for the unexpected. "Tribal communities are close knit when it comes to emergencies," said Vandervliet, who also staffs the ambulance that serves the Standing Rock Reservation near Bismarck-Mandan. "People there look after each other. And they're willing to take the time to learn how to do it. It's unbelievable." In larger communities there's a tendency to rely on trained professionals and first responders who are readily available, according to Vandervliet. Emergency training may be shifting away from community-wide efforts to an emphasis on church groups, certain businesses and neighborhoods, which have that closer-knit quality found in tribal communities. UTTC has offered its CERT training free of charge to tribal entities. The college organizes the sessions in partnership with local emergency agencies such as fire departments and EMTs. Training has already been provided at Sisseton-Wahpeton and Spirit Lake. A future session is planned at Fort Berthold. For more information contact Barbara Schmitt, (701) 255-3285 ext. 1436 or bschmitt @uttc.edu or Sharlene Gjermundson (701) 255-3285 ext. 1409 or sgjermundson@uttc.edu. Copyright c. 2004 Lakota Journal. --------- "RE: Company mining Sacred Site files for Bankruptcy" --------- Date: Tue, 9 Mar 2004 08:13:04 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="PICURIS PUEBLO" http://www.indianz.com/News/ http://www.sfnewmexican.com/print.asp?ArticleID=41605 Controversial Mine Owner, Operator Files for Bankruptcy By BEN NEARY | The New Mexican March 9, 2004 Oglebay Norton, the Ohio company that operates a controversial mica mine near Picuris Pueblo, has filed for federal bankruptcy protection. A company spokesman says the filing won't affect New Mexico operations. In addition to running mica operations in New Mexico and North Carolina, Oglebay Norton has other mineral operations around the country and operates a shipping line in the Great Lakes. In a recent news release, Oglebay Norton stated that it incurred significant debt when it acquired a number of mineral companies in the late 1990s. The company stated that it intends to try to restructure its debt under its Chapter 11 bankruptcy filing. Meanwhile, the company's mica holdings are for sale, but a company spokesman declined to name the price. Picuris Pueblo filed a lawsuit last month asking state courts to eject Oglebay Norton from its mine site in the mountains north of the pueblo. Pueblo people say mine operations have obliterated clay pits that potters have used for generations. In its lawsuit, Picuris Pueblo maintains that the federal government never extinguished the pueblo's aboriginal title to the land before the U.S. Forest Service allowed a predecessor mining company to take ownership of it under the federal mining law. Picuris Gov. Gerald Nailor said Monday that the bankruptcy filing is proof that Oglebay Norton should consider closing its New Mexico mine. "From my part, it's just the way that companies fall when business is not done in the right order," Nailor said of the filing. "When things are not worked out in order, there's always a reflection," Nailor said. "So to us, the way I see it is that maybe it's that time that they give up the mine." Roderick Ventura, lawyer for Picuris Pueblo, said Monday he and other lawyers are assessing the significance of the bankruptcy filing on the tribe's lawsuit. "The one thing we know is that we'll probably get involved in that bankruptcy one way or another," Ventura said. "We have a claim that we want to protect." Ventura said he is glad the pueblo filed its lawsuit before the company declared bankruptcy. Steve Herron, spokesman for Oglebay Norton in Colorado Springs, said Monday the company doesn't expect the filing to have any material effect on mine operations. "We certainly recognize the pueblo's right to litigate the issue," Herron said. "We have in the past and will continue to allow access to the property. We will continue to honor that agreement." At the company's mica-mill site, south of Velarde, Herron said Oglebay Norton recently negotiated with the New Mexico Environment Department a settlement of a citation that charged the company with air-quality violations. Herron said the company agreed to pay a fine of about $73,000 to settle the citation, which originally proposed a fine of about $135,000. The company has also applied to the state to install a "thickener" system at the mill site to replace settling ponds that now exist there. People who live near the mill site have complained for years about dust from the plant. Herron said that doing away with the exposed settling ponds "should mitigate any sort of fugitive emissions that may or may not be coming from the area." Herron said the company is trying to sell its mica operations both in New Mexico and in North Carolina. He said he couldn't disclose the asking price of the New Mexico operation. Copyright c. 2004 The Santa Fe New Mexican, Inc. --------- "RE: Enviromental Dispute dates back 30-Plus Years" --------- Date: Thu, 11 Mar 2004 08:34:17 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="PONCA POLLUTION COMPLAINT" http://www.owlstar.com/dailyheadlines.htm http://www.nativetimes.com/index.asp?action=displayarticle&article_id=4021 Enviromental dispute dates back 30-plus years Tribal members charge pollution, company dismisses complaints PONCA CITY OK Sam Lewin March 10, 2004 A document obtained by the Native American Times shows that concerns over a large manufacturing plant near Ponca City have actually been around for at least 34 years, despite corporate claims that the controversy was only recently orchestrated by disgruntled union workers. Continental Carbon has a large operation situated adjacent to the homes of many members of the Ponca Tribe. The plant processes waste sludge from oil refineries to produce a substance called carbon black, a material used in tires and other plastic products. A Taiwanese conglomerate owns Continental Carbon. For over a year now, company executives have squared off against tribal members who say carbon black presents a health hazard. A large protest against the plant took place last summer. "It's terrible living there. When my kids and grandkids go outside they get carbon black on their hands and shoes. My dog gets black paws from running on the grass," said tribal member Jeff Lieb at the time. Lieb lives several hundred yards from the plant. Company officials have dismissed the protest, saying it is a well- organized public relations campaign by a union to discredit the company. The Local 5857 of the Paper, Allied-Industrial, Chemical and Energy workers have been at odds with management over a contract for more than two years. However a letter dated August 8, 1969, shows there were worries about the plant back then. The correspondence is from James Hale, then Superintendent of the Pawnee Agency, and is addressed to the Acting Area Realty Officer of the Anadarko Area Office. The letter concerns unsuccessful attempts to sell property near the plant. "Several of the owners have informed this office that the reason the property is not attracting adequate bid offers at previous sales is because of the nuisance of heavy contamination of waste materials from the carbon plant operated by Continental Oil Company adjacent to the property on the east. The owners have demanded some action be taken by the Bureau of Indian Affairs to determine if some landowner rights may be violated by this installation," Hale writes. It is unclear what response Hale received from the BIA. According to Continental Carbon's web site, the company was founded in 1936 between R.I. Wishnick, Continental Oil and Shamrock Oil & Gas. The Ponca City plant was established in 1954. In 1995, Continental Carbon Company was sold to the China Synthetic Rubber Corporation and the Taiwan Cement Corporation. Continental Carbon officials did not immediately return a call seeking comment, but PACE environmental consultant Richard Abraham has a pretty good idea what they will say: new ownership, new regulations. Abraham says don't believe it. "That letter shows the area has been contaminated for years. I have seen all types of letters like that. Some people say this has gotten worse since Continental Carbon took over in 1995," Abraham said. "You can look at the investigations and the reports. There are black particulates all over people's properties." There are several lawsuits pending involving the plant, including one currently on appeal before a federal court. Ponca tribal member Scotty Simpson, 42, forwarded the Hale letter to this newspaper. "This letter shows it is not a union thing. Why didn't the BIA ever do anything? This letter shows the area is contaminated," Simpson said. Native American Times is Copyright c. 2003 Oklahoma Indian Times, Inc. --------- "RE: Tribe says Governor putting Children in Jeopardy" --------- Date: Wed, 10 Mar 2004 08:29:53 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ENDANGERING CHILDREN" http://www.owlstar.com/dailyheadlines.htm http://www.casperstartribune.net/~/204085b35b7caeb987256e530009727d.txt Tribe says Freudenthal putting children in jeopardy By ROBERT W. BLACK Associated Press writer March 10, 2004 CHEYENNE - Gov. Dave Freudenthal said Tuesday his administration has taken steps to treat Native Americans like other citizens, despite charges from the Northern Arapaho that he is retreating from previous governors' positions and not negotiating state-tribal contracts in good faith. The differences center on new language in a contract providing state child-protective services on the Wind River Indian Reservation, subjecting the tribe to state court jurisdiction in any dispute. Mark Howell, the tribe's lobbyist, said Freudenthal is picking a fight with the tribe over the welfare of children on the reservation. The child-protective services contract and several others between the tribe and state will expire soon. "Over the last 15 years, the Tribe and previous Governors found compromise language, in a variety of contracts, which protected the interest of both the State and Tribe," said the tribes' attorney, Andy Baldwin in a release. "This change in policy is a big step backward in Tribal-State relations." Burton Hutchinson, chairman of the Northern Arapaho Business Council, said, "The Governor's position on this issue demonstrates that he does not respect the sovereignty of the Northern Arapaho Tribe." "His uncompromising position is putting the lives of Indian children at great risk," he said. But Freudenthal said he is trying to treat tribe members like other Wyoming residents. "Last year we made great strides to treat them like any other citizens," Freudenthal said. "We were going to approach tribes like any other applicant for state funding." Freudenthal pointed out that last year he signed a bill allowing the Eastern Shoshone and Northern Arapaho's Joint Business Council to serve as sponsors for water development projects in the same manner as local governments, becoming eligible for state funding. He also successfully pushed for approval of a tribal liaison in the governor's office. Freudenthal said he simply wants the tribes to be treated like all other citizens. The contracts "would apply the same laws as other citizens, which is state law, state court." He said similar language exists in water development contracts and the budget bill he signed Friday. "They're members of a tribe. They are also citizens of Wyoming and citizens of the United States, and if they get a (U.S.) Bureau of Indian Affairs grant, I assume those complaints are handled in federal court, not tribal court." "It's not any different than when the state receives money from the federal government. If the state has a dispute, we go to federal court." Freudenthal also said he has gone a step further in offering a provision that doesn't apply to anyone else, which is to allow disputes to go through nonbinding arbitration. That offer applies to all state appropriations to the tribes, according to a footnote in the budget bill. Copyright c. 2004 by the Casper Star-Tribune, Lee Publications, Inc. --------- "RE: Washington Lawmakers approve Charter Schools Bill" --------- Date: Fri, 11 Mar 2004 08:18:44 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CHARTER SCHOOLS OK" http://www.owlstar.com/dailyheadlines.htm http://www.komotv.com/stories/30261.htm Lawmakers Approve Charter Schools Bill March 11, 2004 By Joe Furia SEATTLE - The Daybreak Star preschool, called Head Start, in Seattle's Magnolia neighborhood could soon be a charter school. An organization called the United Indians For All Tribes runs the school. The group has been fighting for charter schools in our state for almost ten years. They say public schools have failed Native American children. "We are the children that are left behind and there's no immediate plan, and there's never been a plan of how to address this and how to make our kids academically successful in schools," said Michelle Sanidad of United Indians For All Tribes. Charter schools are public schools that are run privately. They can be started by parents, teachers, community members, or even a public school district. They get their money directly from the state on a per student basis. Charter schools must admit any student who applies and they can't limit admission on any basis other than age or grade level. If the school doesn't have room for all of the students who apply, they must choose students by using a lottery - not by first come first served, or by whoever lives closest to the school. Charter schools are not accountable to local school district standards, but students do have to pass state standardized tests. The idea of a charter school appeals to Clarissa Antone. She'd love to send her son to a school designed in a way to allow him to learn about his native heritage, while also learning about his ABC's. "I think it's a good idea. If they do it I would definitely out him in a charter school," she said. But opponents contend charter schools are nothing more than private schools in disguise. The Washington Education Association calls charter schools a gimmick. They say the new legislation could cost existing public schools $71 million. "Somehow emotion and ideology has trumped reason when it comes to making laws in Olympia," said WEA President Charles Hasse. "We're disappointed." Washington is now the 41st state in the country to allow charter schools. 45 charter schools will be developed in our state over the next six years. Copyright c. 2004 Fisher Communications, Inc. (KOMO TV). --------- "RE: BIA reorganization update before Senate committee" --------- Date: Fri, 11 Mar 2004 08:18:44 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SWIMMER HOLDS DOI LINE" http://www.owlstar.com/dailyheadlines.htm http://www.nativetimes.com/index.asp?action=displayarticle&article_id=4028 BIA reorganization updated before Senate committee Anderson, Swimmer defend, Hall criticizes WASHINGTON DC Sam Lewim March 10, 2004 A Senate committee heard testimony today on the massive, frequently opposed in Indian Country, reorganization of the Bureau of Indian Affairs. The Senate Indian Affairs Committee was told by Assistant Secretary of Indian Affairs David Anderson and Special Trustee for American Indians Ross Swimmer that the reorganization in nearly complete. "Our whole goal is to advance what Dave and I have called a set of initiatives for trust reform for the 21st Century," Swimmer said, noting the area involved includes 56 million acres and hundreds of thousands of landowners. Swimmer and Anderson said that the Department of Interior-created Comprehensive Trust Management Plan involves several key components - An organizational structure in Anderson and Swimmer's offices and the Bureau of Indian Affairs to support a new service delivery model. - Implementing a new land title records system to keep ownership records accurate and current. - Improving land and natural resource and trust fund asset management including a nationwide plan for elimination fractionated interests of land that are burdening the trust and taking resources away from profitable activities. - The review and improvement of trust business processes. Swimmer said the reorganization plan came only after almost two years of consultations with tribal leaders. The plan still came under fire from National Congress of American Indians President Tex Hall who said there was not enough input. "There is a consensus in Indian County that the reorganization must be redirected toward developing agency specific plans that are developed with the direct participation of the tribal governments," Hall testified before the committee today. "At the same time, DOI's redesign of trust system processes in land title, leasing, and accounting must also be backed up for more consultation and direction from tribal leadership." Hall said the reorganization is loaded with red tape, and invests too much in upper-echelon management while ignoring local agencies. "Such a system cannot meet the need for trust management on reservation. Trust management requires people and systems on the ground in resource management, inspections, enforcement, title, appraisals and probate. This is work that cannot be done by bureaucrats in Washington DC or Albuquerque, " he said. Swimmer defended the reorganization, saying a serious effort was made to keep management decisions about trust assets at the agency level. "We are on the right track, but we still have along way to go." Native American Times is Copyright c. 2003 Oklahoma Indian Times, Inc. --------- "RE: Tribal Leaders call on Congress to deny BIA Funds" --------- Date: Sat, 13 Mar 2004 15:53:37 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="STOP BIA TRUSTEE REORGANIZATION" http://www.pechanga.net/ http://www.indiancountry.com/?1079103759 Tribal leaders call on Congress to deny BIA funds Part one March 12, 2004 by: Jerry Reynolds / Washington D.C. correspondent / Indian Country Today WASHINGTON - Tribal leaders expressed unanimous disapproval of the ongoing BIA reorganization at a Senate Committee on Indian Affairs hearing March 10. Witnesses from throughout Indian country followed a "starve the beast" strategy of arguing against congressional appropriations for President Bush's overhaul of the troubled bureau, which is at an advanced stage operationally and politically. "Congress cannot allow this budget to stand, " said Tex Hall, president of the National Congress of American Indians and chairman of Three Affiliated Tribes in North Dakota. In addition, acknowledging the many problems plaguing the bureau, they offered a reform plan of their own. Ross Swimmer, the special trustee on trust funds who has been the administration's point man in the reorganization process, flatly stated that reorganization - which also went by the name of realignment at the hearing - will not be stopped now, not after two years of progress. "There' s no such thing as stopping realignment or reorganization. It's done." He added that the administration is not forcing the reorganized model of trust management functions on tribes. Tribes are welcome to operate trust management programs that work for them, Swimmer said, noting that by contrast the BIA must operate programs that work universally, for all tribes at once. "We will continue to demand that tribes that operate fiduciary trust responsibilities must meet the same standards as the [Interior] secretary." Hall provided a detailed example of how difficult that would be for many tribes, given the budget limitations on most tribes and the long history of inadequate funding and mismanagement at the bureau. He drew on a Three Affiliated Tribes needs assessment concerning management of trust assets at the Fort Berthold BIA agency, serving the tribes' Fort Berthold reservation. A lengthy but illustrative excerpt from his statement: "At one point, the Fort Berthold agency employed twenty-three people ... in the agency's range department. Today ... there is only one employee available in the field to handle enforcement and compliance matters ... The last range assessment done on the Fort Berthold reservation was done in 1982 ... No conservation plans have been developed or approved by the BIA despite the issuance of grazing permits. "Each range unit permit awarded by the BIA for tribal and allotted units has special provisions concerning the number of cattle that can be grazed on the unit and maintenance. Range technicians are responsible for ensuring permit compliance and policing the ranges for trespassing and overgrazing. The Three Affiliated Tribes has one range technician and the Fort Berthold agency presently has grazing permits issued for approximately 260,000 acres of grazing land spread over 1,376 square miles of reservation ... "There is no appraiser at the Fort Berthold agency despite the fact that appraisals are required for farm pasture leases, grazing permits, rights- -of-way, oil and gas leases, land exchanges, land sales, gift deeds, land consolidation and trespass damage ... All appraisals, with the exception of appraisals for the sale of crop land, are done ... in Rapid City [South Dakota, one large state away from Fort Berthold]. This appraiser conducts almost no on-site field appraisals of any other type of land transaction, which results in untimely and questionable evaluations. "There is a three-year backlog of over one hundred fifty probate cases at the Fort Berthold agency. Further, it takes approximately two years to pay out the estate proceeds to heirs after a case is decided ... there is only one probate specialist at the agency. "The Fort Berthold agency handles approximately 1,000 title records requests annually ... certified title requests take approximately six months to complete because they are being done at the regional office. This delay creates a significant backlog in land transactions and obstacles in business and economic development. "The Fort Berthold agency has approximately 300 oil and gas leases, 100 pending, on the Fort Berthold reservation. There is a huge delay in leasing and in payouts of lease income. The Three Affiliated Tribes are positioned in the middle of a known oil field - the Williston Basin. Oil fields have been developed all around the Fort Berthold reservation. The BIA does not have the manpower to research the companies that desire to lease and therefore the tribe's interests are not adequately protected. The Fort Berthold agency has no professional staff to handle mineral and oil and gas transactions." Swimmer and the administration's frontline answer to all this is that a reorganization for efficiency throughout the BIA's trust operations, along with new trust officers at the BIA agencies, will go a long way toward resolving such problems. First off, Swimmer said, his Office of the Special Trustee spent all of 2002 "documenting trust business functions ... mapping trust business processes" at the bureau. This had never been done before at the bureau, and it generated a 1,000 page document. Working from the document, the OST then began to ferret out repetitious and unnecessary steps, resulting in streamlined procedures, which in theory should produce efficiency gains for employees and improved service for clients. "We think that this streamlining ... is a significant improvement ... We found that there's great receptivity there [at the BIA] to doing things better" in probate, leasing, minerals management, records retention scheduling - indeed across the board of the bureau's trust functions. "Whoever touches trust, we're trying to improve the way we do business." Swimmer also countered the tribal leaders' view that the new fiduciary trust officer hirings will create another layer of bureaucracy without results in the field, where tribes need them. To the contrary, he said, the new fiduciary trust officers will be "worker bees." In place of the money management clerks who have been "scattered all over" in the bureau's past, the new hires will offer on-the-spot problem-solving at the agencies. Too often previously, the answer to problems has been "It had to go to Albuquerque, it had to go to central office, to Washington ... up the chain to get approval from higher levels." With the new hires, such transactions may never have to leave the agency, Swimmer said. Streamlining does require a degree of standardization, however, and for tribes that means centralization. This was the source of a cultural divide much in evidence at the March 10 hearing. It will form the core of next week's installment of this two-part article. (Continued in Part Two - Next Issue) Copyright c. 2004 Indian Country Today. --------- "RE: Shirley, Hall blast BIA Plan" --------- Date: Sat, 13 Mar 2004 16:29:17 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TRUSTEE PLAN 'AROUND THE FORT' DoI INSULT" http://www.daily-times.com/artman/publish/article_9420.shtml Shirley, Hall blast BIA plan By Jim Snyder/The Daily Times Mar 13, 2004, 08:46 am WASHINGTON - Navajo Nation President Joe Shirley Jr. and National Congress of American Indians President Tex Hall accused the Bush administration in its fiscal 2005 budget of siphoning millions of dollars out of Native American programs in order to fund a massive Bureau of Indian Affairs reorganization and expansion. They made their statements during testimony before the U.S. Senate Indian Affairs Committee, chaired by U.S. Sen. Ben Nighthorse Campbell, R-Colo., Wednesday in Washington. "Our inference is drawn from the request to decrease Indian Health (Service) facilities construction by $52 million, and BIA education construction by $65 million, while within the same fiscal year 2005 (federal budget) request, increase the Office of the Special Trustee's budget by $130 million," Shirley said. Hall further described the impact of the Bush administration's budget. "Huge amounts of funding are shifted to the Office of Special Trustee and BIA central office functions," he said. "The OST would receive a $113. 6 million increase - to create a $322.7 million behemoth out of an entity that was created by Congress to provide only an oversight and planning function. "The largest increase proposed for the BIA is for central office operations - a whopping 52 percent increase for a total of $134.4 million, " Hall added. "And none of this funding would deliver a single service or solve any trust-related problems on the ground in Indian Country." Shirley reiterated that funding for the BIA expansion should not be taken from the nations' tribes. "The Navajo Nation believes that one objective that must be met is Congress' commitment to appropriate any proposed reorganization only with new dollars and not Indian program dollars," Shirley said. Other concerns about the BIA expansion were also expressed. The Department of the Interior's Comprehensive Trust Management Plan for the BIA reorganization was done with little notice and input from the country's 550 tribes, Shirley said, adding "consultation" of the plan with Native Americans had been replaced with "presentation." Shirley also called for Congress to establish clear trust standards between the U.S. and tribes nationwide. "Without clear trust standards any reorganization or reform would be based on a system that lacks responsibility or accountability," he said. The Navajo Nation unsuccessfully argued a case in October 2002 before the U.S. Supreme Court that the U.S. government had violated its trust agreement. The tribe said the Department of the Interior failed to look out after the Navajo's best interests in obtaining the highest royalty rate possible from Peabody Coal. The U.S. government argued it was the tribe's responsibility to obtain the best rate and they did not have any responsibility to help them. The court sided with the U.S. government in a March 2003 ruling - throwing out a $600 million judgment obtained in a lower court which favored the Navajo Nation. The largest trust case in Native American - U.S. history is currently in litigation. The Elouise Cobell class action lawsuit won an initial verdict that the U.S. failed to keep proper accounting of oil and gas royalty payments to Native Americans since 1887. The U.S. is determining how much, if anything, it should pay 300,000 Native Americans named as plaintiffs in the suit whose families were never paid hundreds of millions of dollars - including the interest which would have accumulated over a century. "The Cobell litigation is a backdrop for these discussions of reorganization and trust reform," Shirley said. "We recommend Congress not prematurely propose reorganization and trust reform in reaction to such litigation." A better government-to-government relationship between tribes and the U. S. government was necessary, Shirley added. He cautioned the Bush administration and the Congress to avoid a "one-size-fits all" philosophy when dealing with the country's 550 tribes. "We are certain the department is on the wrong track and is in great need of Congressional intervention," Hall added. "The ongoing reorganization is creating a top-heavy bureaucracy at the expense of staffing and resources in the local agency offices. Such a system cannot meet the need for trust management on the reservations." Jim Snyder: jims@daily-times.com Copyright c. 2004 Farmington Daily Times, a Gannett Co., Inc. newspaper. --------- "RE: Judge again orders shutdown of DoI Computers" --------- Date: Tue, 16 Mar 2004 08:47:29 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="DoI COMPUTERS SHUTDOWN" http://www.owlstar.com/dailyheadlines.htm http://www.daily-times.com/artman/publish/article_9492.shtml Judge once again orders shutdown of Interior computer systems By Robert Gehrke/The Associated Press March 16, 2004 WASHINGTON (AP) - A federal judge on Monday once again ordered the Interior Department to pull the plug on most of its Internet connections, finding that the department still hasn't fixed computer security problems that could jeopardize millions of dollars in royalties for American Indians. It is the third time that U.S. District Judge Royce Lamberth has ordered the systems to be disconnected to protect oil, gas, timber and grazing royalties held in trust for the Indians. Past Internet shutdowns have left the public unable to access information about popular national parks and monuments and made it difficult for Interior agencies to communicate with one another. "The interest of the 300,000-plus current beneficiaries of the individual Indian trust outweigh the potential inconvenience of those parties that would otherwise have access to Interior's Internet services," Lamberth wrote. The judge allowed all emergency systems, such as those that deal with law enforcement or fire fighting, to remain connected. The National Park Service and U.S. Geological Survey, and Interior's budget office, will also remain connected, since they convinced the court that they have fixed their lapses. Lamberth said the move was necessary because the department refuses to work with Special Master Alan Balaran to fix holes in the computer security, even though it admitted to the White House budget office and congressional auditors that it suffered from Internet security problems. Interior Department spokesman Dan DuBray said department's attorneys had not had time to review Lamberth's decisions Monday because they were before the U.S. Court of Appeals for the District of Columbia Circuit arguing that Balaran is biased and should be removed from the case. Lamberth on Monday rejected a similar request before him, saying the department's argument was "wholly insufficient." In the ruling ordering the shutdown, Lamberth noted how Balaran had sought repeatedly to work with Interior, but the department had refused. "True to form, Interior will surely rail against this court for taking over the executive and unconstitutionally usurping power, etc., etc.," Lamberth wrote. "The feigned indignance of Interior aside, there is simply no other alternative." Monday's decisions come in a suit filed on behalf of more than 300,000 American Indian landowners. The department was assigned in 1887 to manage royalties from lands held in trust for the Indians. But over time, the lands were poorly managed and money was squandered, stolen or never collected. The Indians sued in 1996, demanding an accounting that had been ordered by Congress two years earlier. In 1999, Lamberth said the department must account for the money and repair its management flaws. Since then, however, the case has bogged down in court fights and congressional maneuvering. Interior insists that just a few million dollars are owed to the Indian landowners. The Indians' attorneys contend it is likely tens of billions of dollars. Lamberth first disconnected the systems in 2001, after Balaran determined that even a novice hacker could penetrate the security and access data for the Indian revenues. To prove his point, Balaran, working with the court, repeatedly penetrated the system's security and set up a bogus account in his name. The judge ordered a second, limited shutdown last June, after the department first resisted Balaran's oversight. --- On the Net: Interior Department: http://www.interior.gov/ Copyright c. 2004 Farmington Daily Times, a Gannett Co., Inc. newspaper. --------- "RE: Navajo Poverty cited in pursuit of Fed Funds" --------- Date: Sat, 13 Mar 2004 16:29:17 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="DINE' POVERTY" http://www.gallupindependent.com/031204poverty.html Navajo poverty cited in pursuit of fed funds By Kathy Helms Dine' Bureau March 12, 2004 FORT DEFIANCE - Navajo Nation President Joe Shirley Jr., in testimony Thursday before the Senate Energy and Natural Resources Committee in Washington, D.C. on two bills to amend the Surface Mining Control and Reclamation Action of 1977 (SMCRA), urged the committee to increase the tribe's allocation of reclamation funds collected annually, extend the reclamation fee deadline, and allow the Navajo Nation to become self- regulating. President Shirley said the reauthorization issue is of utmost importance to the Navajo Nation. "Many Navajo people live in conditions that the everyday American cannot comprehend." While the needs are not unique among Native nations across America, he said, the statistics could help the committee better understand why the allocation of reclamation fees is so important. "Fifty percent of the Navajo population live below the poverty level, and the unemployment rate hovers around 50 percent," he said. "Seventy percent of the Navajo people lack domestic and municipal water for everyday use. Seventy-eight percent of the public roads are dirt-based, with little or no gravel. Sixty percent of the Navajo Nation lack basic communication services. Sixty percent of the Navajo Nation lacks electrical power lines." While the president said he was not there to decry the Navajo's substandard quality of life, "I would like the members of this committee to know that through SMCRA, the Navajo Nation has a vehicle to address these needs, and we have implemented projects in accordance with the priorities of SMCRA." According to the president, the Navajo Nation has contributed an estimated $170 million to the Reclamation Fee Collection Trust pursuant to SMCRA and has received as its share an estimated $87 million. Of that, the Navajo Abandoned Mine Land (AML) Program has spent about $57 million on AML reclamation efforts. In 1990, SMCRA was amended to include reclamation of abandoned mines such as uranium and copper. Since 1988, Navajo AML has inventoried about 1, 300 abandoned coal and non-coal mines on the Navajo Nation, covering more than 27,000 square miles. In 1994, Navajo AML completed all known abandoned coal mines, and as a result, applied for and received certification for completion. As of 2002, 80 percent of the remaining non- coal mine problem areas have been addressed at a cost of more than $25 million. Because many of the problem sites had been addressed, the Navajo Reclamation Plan was amended to implement Public Facility Projects, or PFPs, in chapters and communities impacted by mining activities. "To date, the Navajo Nation, through the Navajo Nation Council Resources Committee, selected and approved 31 PFP's through partnership and leverage funding," the president said. "These PFP's are funded by the 50 percent of reclamation fees collected annually on the Navajo Nation ..."Up to $300, 000 of PFP funds can be used per project for construction, renovation, repair or expansion of public facilities, and main electrical power and water lines. "The Navajo Nation has complied with the requirements of SMCRA and we have properly utilized our share of reclamation fees in accordance with the priorities set forth in SMCRA. The Navajo Nation strongly opposes any amendment ... that will deny us our reclamation allocation and divert it to states who have not yet completed reclamation activities," the president said. "We believe it fundamentally unfair to punish a certified tribe like the Navajo Nation by taking the annual reclamation fees we contribute to the AML fund and redirecting it to states that are not certified. This would effectively penalize the Navajo Nation for taking the responsibility to reclaim the most hazardous and harmful externalities associated with mining on its land." Jeffrey Jarrett, director of the Office of Surface Mining Reclamation and Enforcement, told the Senate committee that both bills S. 2049 and S. 2086 seek to reauthorize OSM's authority to collect the AML fee, set to expire on Sept. 30, 2004. However, Jarrett said, S. 2049 will solve problems with the existing program in a manner that is consistent with the Bush Administration's budget and program priorities. The Administration's legislative proposal seeks to focus more AML funding on the areas most damaged by this nation's reliance on coal for industrial development and wartime production. "We cannot support the provisions in S. 2086 that call for additional funding because they are inconsistent with the Administration's budget and program priorities," Jarrett said. Even if OSM were to use all of the AML fees collected between now and Sept. 30 when the fee collection authority is set to expire, as well as the unappropriated balance of $1.5 billion, "there would still be insufficient funds to address health and safety-related surface mining problems because of the fund's current distribution formula," he said. "We view the Sept. 30 expiration of the current AML fee collection authority as an opportunity to reform that authority and the distribution formula and put it on track." SMCRA requires that all money collected from tonnage fees assessed against industry on current coal production be deposited into an account established within the AML fund. Fifty percent of the fee income generated from current coal production in any one state, or 50 percent from production on Indian lands, is allocated to an account established for that state or tribe having jurisdiction. Twenty percent of the total fee income is allocated to the Historic Production Account and each state or tribe is entitled to a percentage equal to its percentage of the nation's total historic coal production, or coal produced prior to 1977. Once the state or tribe certifies that all abandoned coal mine sites have been reclaimed, it is no longer entitled to further allocations from the historic production account. Jarrett said 93 percent of hazardous sites are located in Eastern states. However, coal mining has now shifted largely to Western states, most of which have no abandoned coal mine sites left to clean up. Therefore, less and less money is being spent to reclaim the hundreds of dangerous, life- threatening sites. Bill S. 2049 would change the statutory allocation of fee collection, with all future AML fees collected, plus the existing unappropriated balance in the RAMP account placed into a new single account. Grants to states with coal problems remaining would be distributed from that account based upon historic production, according to Jarrett. No non-certified state or tribe could receive an annual allocation that would exceed 25 percent of the total amount appropriated for those grants each year. Existing state and tribal share accounts would not receive any additional fees collected after Sept. 30, 2004. The current unappropriated balance would either be given to certified states and tribes in payments spread over 10 years (FY 2005-2014), subject to appropriation; or, non- certified states and tribes would receive their unappropriated balances in annual grants based on historic production, Jarrett said. Non-certified states or tribes completing abandoned coal mine reclamation before exhausting the balance in their state share account, would receive the balance in equal annual payments through 2014. Non- -certified states and tribes which exhaust their state share balance before completing reclamation would continue to receive annual grants based on their historic coal production. In contrast, S.2086 would continue to allocate 50 percent of the fees collected to that state or tribal share account without regard to their coal reclamation needs. S. 2086 also endorses eliminating future allocations to the RAMP fund, but makes portions of the accumulated unappropriated balance available to non-public land certified states. S. 2086 also proposes to lower reclamation fee rates by 10 cents per ton, or about 29 percent, for surface mining and 20 percent for lignite and coal mined by underground methods. This bill also requires a minimum annual grant of $2 million for all states and tribes regardless of their certification status. President Shirley said, "We have been a faithful and active participant in SMCRA and we ask that you increase and/or continue our tribal share allocation ..., promptly release our unallocated trust fund balance of $30 million, and extend the expiration date to Sept. 30, 2018. "We urge the Committee to adhere to the principles of self-determination and allow the Navajo Nation and other Native Nations the opportunity to apply for primacy ... We have been working toward assuming primacy for almost 30 years. Allow us to take the final step," he said. Copyright c. 2004 the Gallup Independent. --------- "RE: Simmons changes BIA Reform Stance" --------- Date: Thu, 11 Mar 2004 08:34:17 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ANTI-RECOGNITION FOCUS CHANGES" http://www.owlstar.com/dailyheadlines.htm http://www.norwichbulletin.com/news/stories/20040311/localnews/53203.html Simmons changes BIA reform stance By KATHERINE HUTT SCOTT Gannett News Service March 11, 2004 WASHINGTON - GOP 2nd District U.S. Rep. Rob Simmons has dropped his support for legislation backed by the state's two Democratic senators, Joe Lieberman and Christopher Dodd, that would overhaul the way Indian tribes obtain coveted federal recognition. Recognition by the federal Bureau of Indian Affairs is the first step toward entering the lucrative Indian gambling industry. Instead, Simmons will push for smaller pieces of legislation that address the tribal recognition issue and that he believes have a greater chance of passing Congress, Simmons' chief of staff Todd Mitchell said Wednesday. Lieberman's and Dodd's offices said the senators would continue to work for passage of the tribal recognition overhaul legislation. "We're applying pressure wherever it's appropriate to fix the process," Lieberman spokesman Matthew Gobush said. "The legislation that we have introduced to reform (the BIA) is one way of applying that pressure." Dodd spokesman Marvin Fast said the senator also would continue to push the BIA to make internal changes to satisfy the Connecticut lawmakers' concerns. Simmons, of Stonington, and the senators introduced similar versions of the tribal recognition legislation in 2002, and the senators reintroduced their bill last year. All three said their bills would bring badly needed reform to the process. The bills would require the BIA to notify a larger number of people when a tribe petitions for federal recognition. The proposal also would make it easier for a tribe's neighbors to influence a recognition decision and would require that tribes seeking recognition meet specific criteria. The issue became hot in 2002 when the BIA decided to merge the Eastern Pequot and Paucatuck Eastern Pequot tribes, creating a single entity known as the Historic Eastern Pequot Tribe. The tribe has indicated that it plans to open a third casino in southeastern Connecticut. The issue gained additional urgency in January when the BIA granted recognition to the Schaghticoke Tribal Nation of western Connecticut, creating the possibility of another Indian casino. Simmons consulted with Connecticut town leaders, Connecticut Attorney General Richard Blumenthal and anti-casino activist Jeff Benedict and decided before the Schaghticoke announcement to abandon the overhaul legislation, Mitchell said. "All seemed to agree that passing a large BIA overhaul bill is not feasible at this time," Mitchell said. "Instead, we are going to focus on smaller, more doable issues." He said one example is legislation introduced by Rep. Nancy Johnson, another Connecticut Republican, that would provide $8 million a year in federal grants to local governments for hiring experts to determine whether a tribe satisfies the recognition criteria. Simmons' staff is talking with the staffs of Connecticut's other House members about possible strategies, Mitchell said. "Prior to the Schaghticoke decision, this issue was not really on the entire Connecticut delegation radar," he said. "It is now." Copyright c. 2004 Norwich Bulletin. All rights reserved. --------- "RE: Virginia Indian Leaders seek Support" --------- Date: Fri, 11 Mar 2004 08:18:44 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="VIRGINIA RECOGNITIONS" http://www.indianz.com/News/ http://www.timesdispatch.com/~id=1031774286322&path=!news&s=1045855934842 Indian leaders seek support Heads of 6 Va. tribes push effort to gain federal recognition BY LAWRENCE LATANE III TIMES-DISPATCH STAFF WRITER March 14, 2004 WILLIAMSBURG - Leaders of six Virginia Indian tribes urged support last night for their efforts to win federal recognition in time for the 400th anniversary of the Jamestown settlement in 2007. "As people come to Virginia" to commemorate the event, "we as Virginia Indians want to greet them as a sovereign nation," said Stephen Adkins, chief of the Chickahominy Indian Tribe. Adkins was warmly received by a large audience of historians, supporters and fellow Indians who filled a meeting room on the campus of the College of William and Mary. And, although his talk was frequently interrupted by applause, he found it hard to conceal his resentment that his tribe and others have had to fight to prove their heritage and who they are. "We know where our roots are," Adkins said. "We have been born, lived and died on land that's been in our families for thousands of years." Tribal efforts to win federal recognition have begun to jell in recent years, starting with a 1999 Virginia General Assembly resolution of support, and with congressional legislation proposed two years ago. But one of the bill's sponsors, Rep. Jo Ann Davis, R-1st, said the Indians' quest is not over. The legislation faces "an uphill battle," she said. She expressed doubts that the bills will be passed this year. "You are going to have to help me fight that fight," she told the crowd. If the first permanent English settlement at Jamestown in 1607 was America's inaugural event, its planned 400th anniversary is pivotal for several Virginia tribes. The Nansemond, Rappahannock, Chickahominy, Eastern Chickahominy and Upper Mattaponi Indians tribes and the Monacan Indian Nation are seeking federal recognition. The two other state-recognized tribes, the Pamunkey and the Mattaponi, have elected to not seek recognition. The six tribes that are doing so view the 2007 celebration as a deadline for their quest for recognition. History suggests that the Jamestown settlers likely would have perished in the New World without the charity of Indian tribes that provided food at key times in the colony's bleakest years. Now, with the 400th anniversary of Jamestown just around the corner, descendants of the colony's benefactors still lack recognition from the federal government. "What a slap in the face," Adkins said. Federal recognition would open the door to federal aid already extended to the more than 500 American tribes that enjoy the status. But Indians who spoke last night kept stressing that they see recognition as the long- overdue acceptance of who they are. For hundreds of years since Jamestown, Virginia Indians have struggled to keep their identities intact and have often viewed government as a neglectful, if not hostile, impediment. Virginia's government took steps in the 1920s to eliminate all record of native peoples, categorizing Indians in census records as "colored." "It's way overdue," said Chief Kenneth Branham, of the Monacan Indian Nation, speaking of federal recognition. Contact Lawrence Latane III at (804) 333-3461 or llatane@timesdispatch.com Copyright c. 2004 Richmond Times-Dispatch, Media General, Inc. --------- "RE: Monument's significance registers with Mukilteo" --------- Date: Wed, 10 Mar 2004 08:29:53 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MONUMENT" http://www.owlstar.com/dailyheadlines.htm http://seattletimes.nwsource.com/~/2001875072_monument10n0.html Monument's significance registers with Mukilteo, state By Rachel Tuinstra Times Snohomish County bureau March 10, 2004 MUKILTEO - An austere granite monument that marks one of the region's most significant events has been granted state historical recognition. The monument, which commemorates the signing of the Treaty of Point Elliott in 1855, was added to the state's heritage register in January and recently nominated for placement in the National Register of Historic Places. "This was my baby," said Pat Kessler, a Mukilteo resident who single- handedly spearheaded the effort to put the marker on the state's register. "I went to a City Council meeting last year and they were talking about moving the monument. And I just don't think it's OK to move monuments about." The treaty was a pact between Native American tribes and territorial Gov. Isaac Stevens. The agreement turned over Indians' ancestral land from Point Pully, about halfway between Commencement Bay and Elliott Bay, to the British boundary (later the Canadian border) in exchange for cash, relocation to reservations, and access to traditional fishing and hunting grounds. Kessler began researching the tall rock column that stands on the northwest corner of Lincoln Avenue and Third Street on the grounds of Rosehill Community Center, and submitted the application to put the marker on the state's registry. Being listed on the Washington Heritage Register or the National Register of Historic Places doesn't offer protection or restrictions to the site, but it can help in other ways, said Michael Houser, a state architectural historian. "The idea is that it's an honorary designation that raises public awareness, and hopefully the local community rallies around protecting those site," said Houser, who oversees the state's historic register. Point Elliott, near where the treaty was purportedly signed, is already on the state register. The city had no idea that the monument was being considered for the Washington Heritage Register until Mukilteo officials received a letter about the matter in January, Mayor Don Doran said. He said he believes the monument commemorates a significant event in history, but he had not really considered the historical significance of the monument itself, which was installed 75 years after the treaty was signed. Still, having the monument listed in the historic registries could be potentially beneficial to the city, he said. "This probably brings a higher profile to the monument. I'm sure there are people who look at the list of historical places and travel about to see them," Doran said. "Hopefully, they spend some money when they are here and help maintain our economy as well." Doran said the city has no plans to move the marker and hopes the monument's new historical listing raises people's awareness for the treaty it commemorates. "Next year will be the 150th anniversary of the treaty signing," Doran said. "We're looking at forming a committee to help put on a celebration for that. Hopefully, that (celebration) will draw a great deal of notoriety." The marker was placed by the Everett chapter of the Daughters of the American Revolution in 1930 on the grounds of what was then Rosehill School. It honors the date the treaty was signed - Jan. 22, 1855 - and the approximate place where it was thought to have been signed. The monument was dedicated May 2, 1931, about a year after it was installed. According to newspaper accounts at the time, the ceremony drew 3,000 people, 800 of whom where Native Americans, some who were reported to be descendants of the treaty signers. As part of Kessler's research, she tried to ascertain the spot where the treaty was signed. Many Native Americans gathered for the signing, so a large, open space near fresh water and suitable for camping would likely have been chosen for the signing. The assumption is that the treaty was signed near the landmark for which it was named, the area where the Mukilteo Lighthouse now sits, said David Dilgard, an Everett Public Library history specialist. Dilgard also worked with Kessler in her research. "No one knows for sure where it was signed, but I have no doubt it was in Mukilteo," Dilgard said. "You could probably assume that if you were standing where the monument is, you could have seen the signing in 1855." Point Elliott was listed on the state's heritage register in 1973 as the site of the Point Elliott Treaty signing. It was subsequently rejected by the National Register for lack of historic documentation, Houser said. "I don't know why the state didn't reject it then, too," he said. "Who knows what they were thinking back in the '70s?" Kessler found a Jan. 7, 1930, letter from Edmond Meany, a University of Washington history professor, to the Daughters of the American Revolution saying that the lighthouse grounds, or Point Elliott, was likely the spot where the treaty was signed. However, other documents from about 1931, written by Seattle and King County historian Clarence Bagley, say the treaty was signed near the mouth of the Snohomish River. Kessler said she now wonders whether the treaty wasn't signed where the river flows into Possession Sound. "My theory is that it was signed in Everett," Kessler said. "The river would have been a good source of water they would have needed for a large number of people." Rachel Tuinstra: 425-783-0674 or rtuinstr@seattletimes.com Copyright c. 2004 The Seattle Times Company. --------- "RE: LETTER TO EDITOR: Hopi Tribe weighs NRCD Funding" --------- Date: Thu, 11 Mar 2004 08:34:17 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HOPI NRC CONTRACTS" http://www.owlstar.com/dailyheadlines.htm http://www.navajohopiobserver.com/~06392.asp?S=392&PubID=12112&P=906392 Navajo-Hopi Observer - Letters to the Editor Hopi Tribe weighs NRCD funding March 11, 2004 On Tuesday, March 16 at approximately 1:30 in the afternoon, the Hopi Tribal Council will address a Tribal Resolution, H-051-2004. It is a possible funding proposal that will aid in the development of all the Natural Resources Conservation Service (NRCS) contracts initiated through the Moenkopi Natural Resources Conservation District (MNRCD) Field Office located in Kykotsmovi, Ariz. These NRCS contracts were initially developed and approved for many individual Hopi ranchers and farmers from the United States Department of Agriculture through its agency the Natural Resources Conservation Service. The NRCS programs offer many funding opportunities in conservation projects associated with natural resources but are defined as cost share and incentive based funding with strict financial conditions. In essence, those Hopi individual contract holders are impeded from fulfilling their contract obligations by having to take full financial responsibility of paying for their cost share percentage and all material related costs. There are approximately 27 contracts, which have been approved since 1997 with only one that has been fulfilled. Some NRCS contracts have expired and funding pulled back due to lack of activity. If these NRCS contractual obligations are not fulfilled, then penalties may be assessed. It is also possible that $1.2 million of USDA obligated funds would have to be returned to the US Government. A mutual agreement exists between the MNRCD, The Hopi Tribe and USDA and a cooperative agreement between the MNRCD, the Hopi Tribe and USDA's, Natural Resources Conservation Service (NRCS). Through these agreements, it was hoped that some in-kind services and material costs for these contract holders would be provided by the Hopi Tribe's Department of Natural Resources inter-departments. However, the Department of Natural Resources (DNR) cannot shoulder the entire burden due to budgetary constraints imposed upon them by past and present budget crisis. It is difficult for DNR to carry the NRCS projects while at the same time fulfill the Hopi Tribe's project priorities. Since the mid-'90s when the Moenkopi NRCD was first conceived, officially recognized through tribal resolution and, subsequently, through agreements with the United States Department of Agriculture (USDA) - in particular, the Natural Resources Conservation Service - the Moenkopi NRCD has provided access to USDA's programs to those individuals who have interest in obtaining cost share and incentive based funding available to them through our NRCS staffed field office in Kykotsmovi. To date, the Moenkopi NRCD has been very successful in bringing in money to supplement our existing departments within the Hopi Tribe's Department of Natural Resources in those areas mentioned above. However, the cost share programs require the participants to provide, not only their portion of cost share, but also the up-front monies associated with the entire cost of materials involved. Thus, a problem has arisen for many NRCS contract holders who, not by their fault, cannot meet the financial aspects of these contracts. As mentioned, agreements exists whereby the Hopi Tribe is a signee. The problem of funding and fulfilling the contract obligations is now being addressed to take the appropriate action in regards to this matter through a tribal resolution that I have put forth that will be addressed at the March 16 meeting. The resolution will basically do two things. First, it will establish a revolving account to help cover the related expenditures such as material costs associated with all NRCS contracts. Second, it will give those Hopi farmers and ranchers the option to turn over their individual contracts to the Hopi Tribe to fulfill the contract obligations. This would eliminate any undo hardships or possible penalties to those participants of the USDA programs. I am therefore encouraging all agricultural producers (farmer and ranchers) to come to the March 16 Hopi Tribal Council meeting to help support and participate in this very important process. Leonard A. Selestewa, Board President Moenkopi NRCD Copyright c. 2004 Northern Arizona Newspapers, Inc. --------- "RE: New N.M. Indian Office Leader meets with Tribes" --------- Date: Wed, 10 Mar 2004 08:29:53 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="N.M. INDIAN AFFAIRS" http://www.owlstar.com/dailyheadlines.htm http://www.nativetimes.com/index.asp?action=displayarticle&article_id=4018 New N.M. Indian office leader meets with tribes Debate issues including large appropriations bill SANTE FE NM Sam Lewin March 9,2004 The brand new head of New Mexico's Indian Affairs Department will meet with urban tribal leaders in an effort to develop a cohesive direction for the agency. Governor Bill Richardson, who was making good on a campaign vow to raise an Indian office to a cabinet-level position, elevated the department last year. The move ran into bumps almost immediately: two top officials resigned shortly after the post was created. Derrith Watchman-Moore was just appointed Interim Cabinet Secretary on March 5. Watchman-Moore is the former Deputy Secretary of the Environment Department. She is a member of the Navajo Nation and has worked in the tribe's government. She said meeting with the urban tribal leaders is the first step in fulfilling the position's mandate. "I look forward to talking to tribal leaders and receiving their input for new direction to the Indian Affairs Department. On Wednesday, March 10th the Governor will sign House Bill 2. I am interested in seeing how many capital outlay projects will be reflected in the final draft for the tribes. These capital outlay projects assist tribal communities in building and maintaining infrastructure and improve the quality of life for members of these communities," Watchman-Moore said in a statement. House Bill 2 is a massive appropriations bill. According to the OIA, there are 22 tribes in New Mexico - 19 Pueblos, the Navajo Nation, the Jicarilla Apache Nation, and the Mescalero Apache Tribe. According to the 2000 census, more than 200,000 Native Americans reside in rural and urban areas in New Mexico. The IAD currently has 10 staffers and is responsible for projects and programs totaling more than $20 million Native American Times is Copyright c. 2003 Oklahoma Indian Times, Inc. --------- "RE: Crow, Three Affiliated Tribes plan Reunion" --------- Date: Fri, 11 Mar 2004 08:18:44 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CROW/AFFILIATED TRIBES" http://www.owlstar.com/dailyheadlines.htm http://www.mtstandard.com/~/newsnationworld/hjjfjgifjiibfi.txt Crow, Three Affiliated Tribes plan reunion By The Montana Standard March 14, 2004 NEW TOWN, N.D. (AP) - A delegation from Montana's Crow tribe has formally invited the Three Affiliated Tribes to a historic reunion. The Crow delegation, led by Chairman Carl Venne, met Thursday with members of the Three Affiliated Tribes business council to finalize plans for the event, scheduled June 25-27 at Montana's Crow Agency, southeast of Billings. The Three Affiliated Tribes include the Mandan, Hidatsa and Arikara, on North Dakota's Fort Berthold reservation. The Crow and the Hidatsa once were one tribe, officials say. "It's time to have a reunion with our relatives, the Hidatsa, and rekindle relationships and share tradition with each other," Venne said. Three Affiliated Tribes Chairman Tex Hall accepted the invitation. "It is ironic we are celebrating 200 years since the white man's expedition (Lewis and Clark) came through our country and wintered with us, and now we're getting back together with our Crow brothers about the same time," Hall said. Copyright c. 2004 The Montana Standard/Butte, MT. --------- "RE: Osages give Committee an Earful" --------- Date: Tue, 16 Mar 2004 08:47:29 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MEMBERSHIP HEARING" http://www.owlstar.com/dailyheadlines.htm http://www.nativetimes.com/index.asp?action=displayarticle&article_id=4054 Osages give committee an earful House Resources Committee examines tribe TULSA OK Sam Lewin March 15, 2004 More than one hundred people attended a special congressional field hearing in North Tulsa today that examined the membership requirements of the Osage Tribe. The House Resources Committee hearing concerned proposed legislation authored by Oklahoma Congressman Frank Lucas. The measure clarifies the 1906 federal law that officially recognized the Pawhuska-based tribe. The law limited the membership of the tribe to only individuals who inherit a share of the Osage mineral estate. Currently, only Osages who own a headright interest in the Osage mineral estate are able to vote or run for elective office. Those supporting Lucas' legislation, which reaffirms the sovereign rights of the tribe to determine its own membership and form of government, say the 1906 law leaves a lot of people out in the cold. The bill specifically protects current owners of the mineral estate. "There are Osages who have never had the chance to participate in the Osage government and that is a shame," said Osage Councilman and Membership Committee Chairman Mark Freeman. "This bill does not cost any money. We are not asking for gaming or anything like that. I would ask you to go back to Washington and pass this expeditiously." Freeman told the committee that a quarter of all headright interests are currently in non-Osage hands. Tribal members tried unsuccessfully in the past to change the law through the judicial system. "Federal courts didn't want to jump in the middle of an act of Congress," said Osage Principal Chief Jim Gray. "After a series of court cases that resulted in the status quo, and the decision to reject any federal court efforts to try to resolve this issue, they pointed out this is a Congressional Act and if you want to fix it you have to go back to Congress. Today Congress, or at least a congressional committee, listened. In announcing the hearing, Lucas seemed to buy into the Osage argument. "Younger members of the tribe should be encouraged to participate in its activities, yet in some cases the law prevents them from being members of the tribe until their parents die and the children inherit the mineral estate," Lucas said. "I'm sure the tribe can create a better system than the current federal law." "I think that what Congress was trying to say by having this hearing here is that they wanted to listen to a broad spectrum of Osages about what their feelings are about how the existing government is not serving the needs of the community. My job here was to take alot of these issues and put them into other terms that are consistent with federal policy. The idea of Indian self-determination, the idea of choosing your own membership criteria and choosing your own form of government is the domain of federally recognized tribes and not of Congress," Gray said. Native American Times is Copyright c. 2003 Oklahoma Indian Times, Inc. --------- "RE: Attitude that shaped 40 Years of Indian Policy" --------- Date: Tue, 9 Mar 2004 08:13:04 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CHRETIEN TESTIMONY" http://www.ammsa.com/windspeaker/windeditorials.html March - 2004 Partners in all Windspeaker Editorial In the five hours that former prime minister Jean Chre'tien was on the stand in the Victor Buffalo versus the Crown civil action on Feb. 23, we got a rare glance into the attitudes that have shaped Indian policy in this country over the last 40 years. It was like sitting around the Cabinet table and seeing how the minds worked and the decisions were reached. What we saw was not malevolent, but it was disturbing. Never was the cultural divide so evident as in that Federal Court of Canada courtroom that day. Samson Cree Nation lawyer James O'Reilly, whose experience as a key combatant in historic Native legal fights goes back just as far as the right honorable witness, asked Chre'tien if Native people had ever told him they believed they'd paid their taxes up front with their contribution of trillions of dollars worth of lands and resources that were ceded or just taken from them by the Crown in the early days of colonial expansion. Chretien's answer-and the court's response-was a defining moment in the day's events and in the history of the relationship between Native and non-Native people. "Oh yeah," Chre'tien said. "They made that statement. I don't blame them. They were making their case. But I have to deal with the reality of life." Then Justice Max Teitelbaum jumped into the fray. "And the reality is they did not prepay their taxes, is that what you're saying?" his Lordship asked. "No, no," replied Chretien. "I don't pass judgment because I'm not a judge. I wanted to be a judge but I forgot to name myself [as one]." Of course that quip was repeated in media reports across Canada and even in the United States. The former prime minister charmed the judge, the media, even the Native audience in the courtroom. He proved to be a tremendously charismatic witness. That Justice Teitelbaum was so quick to raise the question showed us that he, Mr. Chre'tien and all of the non-Native journalists in that room do not believe they owe anything to Native people at all. The idea is so foreign to them that they refuse-or are unable-to even give it consideration. There it was laid bare for all to see: the root of the conflict between Native and non-Native people in this country. Never was the fundamental reality of the cultural divide so clearly outlined for all who have eyes to see. Too bad so many chose to close their eyes to it or look away. Or perhaps they just weren't equipped to see it. In order to be so equipped you'd have to be able to entertain the idea that Native people and non-Native people are equal partners, that both have the right to have their cultures and worldviews accepted as equal by the other. Chre'tien couldn't do it. We fear greatly the judge won't be able to do it. And not one single mainstream journalist was able to do it. The realities of life, to use Mr. Chre'tien's term, are not something that one side in a partnership can decide. He was essentially arguing, while being clever enough not to use the hot button words, that Native peoples are conquered peoples. And that's a one-sided view of history that favors the non-Native side at every turn. That kind of bias has no place in a court of law or in the minds of a government that mouths the word "partnership" every chance it gets. If that point of view goes unchallenged in the Cabinet room, in any courtroom, or even in the men's room, then a biased, one-sided and mistaken view of the world will be shaping vital decisions that will affect the future course of this country. And decisions based on contaminated ideas will always blow up in our face at some point. Garbage in; garbage out. Once you get off course, the longer you go before the course is corrected, the more lost you become. In other words, the chickens will come home to roost. When and how are the only questions. It's time to face these fundamental errors in accepted mainstream Canadian thinking. Mr. Chre'tien, it is said, spent a lot of time looking for a legacy, one great accomplishment that will echo through the corridors of history for all time and prove his greatness. Why can't this be it? Why can't it be that he, by consenting to come and bear witness rather than fighting and dodging with all the legal strategies available to him, allowed Canada to finally see itself clearly, to make that vital course correction and to get on the right path towards becoming the truly just society it aspires to be. Copyright c. 2004 AMMSA, Aboriginal Multi-Media Society. --------- "RE: Native Leaders to be consulted more" --------- Date: Sun, 14 Mar 2004 08:22:37 -0500 From: "Frosty" Subj: Fw: Native leaders to be consulted more: Martin Mailing List: Frostys AmerIndian ----- Original Message ----- From: Russell Diabo Updated Thu. Mar. 11 2004 12:42 PM ET Native leaders to be consulted more: Martin Canadian Press OTTAWA - Prime Minister Paul Martin opened the door Thursday to including aboriginal leaders at first ministers meetings, but doused hopes for major new spending on natives. "We're very tight," Martin said of federal finances after a rare meeting with all three of Canada's First Nations, Inuit and Metis leaders. "We're just going to have to operate within those very tight constraints," Martin said in a brief interview as the final touches are put on a federal budget for March 23. No one wants to see the country go back to the overspending that once racked up billions of dollars in deficit, he said. Martin has toured the country trying to shore up trust in Liberal management amid the $100-million sponsorship scandal involving excess payments to Quebec ad firms. His government is also asking for a refund of $160 million paid for questionable computer contracts over several years by the Defence Department to Hewlett-Packard (Canada) Ltd. -- unless the company can prove related work was done. And RCMP continue to investigate a fraud involving millions of dollars in irregular spending at the now defunct Virginia Fontaine Addictions Foundation on the Sagkeeng First Nation in Manitoba. Nine people, including three ex-Health Canada officials, have been charged. Martin described as informal the meeting with Phil Fontaine, Assembly of First Nations National Chief, Inuit leader Jose Kusugak, and Metis leader Clement Chartier. The three groups have drafted an agreement to work together on common issues that could be signed by all three by June. Martin has said aboriginal poverty must become a national priority "like never before." The throne speech that opened Parliament in February also called native living conditions "shameful." The leaders were encouraged Thursday that Martin will regularly include them at meetings of the cabinet committee on aboriginal issues that he leads. Inclusion at meetings of premiers and the prime minister would also be a coup for aboriginal leaders who were excluded under Martin's predecessor, Jean Chretien. "We want to be fully engaged in all the issues that the government is deciding on," Fontaine said. --------- "RE: No Big Cash for Native Housing Crisis" --------- Date: Wed, 10 Mar 2004 08:29:53 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NO ABORIGINAL HOUSING FUNDS" http://www.owlstar.com/dailyheadlines.htm http://www.canada.com/id=b85edf6e-3fbb-4238-b57a-ad8f276b35c0&disp=e&end No big cash in federal budget for native housing crisis: source SUE BAILEY Canadian Press March 8, 2004 OTTAWA (CP) - Aboriginals hoping for big spending in the federal budget this month are set to be disappointed. A report Monday urged a $1-billion hike for reserve housing in Quebec and Labrador, but a senior government source said there will be no such infusion to ease what the auditor general has called a national native housing crisis. Instead, the March 23 budget is expected to make smaller down payments on urban aboriginal programs, skills development and forging new ties with the Metis. Prime Minister Paul Martin has said aboriginal poverty must become a national priority "like never before." And the throne speech that opened Parliament last month went further, calling native living conditions "shameful." The housing crunch is "not off the table as a priority issue by any means," said the source, who spoke on condition of anonymity. "The problem is that . . . the current policy as it relates to housing is in fact quite flawed. "It's scattered all over, there's no long-term investment. It's generally a patchwork policy and it's clearly not a successful or sustainable one." A special cabinet committee on aboriginal affairs, led by Martin, will review how Ottawa funded reserve housing to the tune of $4 billion in the last 10 years. Despite those efforts, Auditor General Sheila Fraser warned last year that many reserves face an all-out crisis. Toxic mould, shoddy construction and lax controls have all added to over-crowding and social problems, she said. Fraser called for an action plan with clear goals, defined duties and follow-up. As the government reassesses its role, it's moving on other aboriginal priorities, said the source. The federal budget is expected to include: - $20 million for the government and Metis groups to study the implications of a Supreme Court of Canada ruling last year. The watershed judgment recognized aboriginal hunting and other rights for those of mixed native and European descent who can prove historic links to surviving Metis communities and customs. - Renewal and possible expansion of the Aboriginal Human Resources Development Strategy, worth $25 million a year. - Renewal of the $25-million Urban Aboriginal Strategy for social and job training programs in Vancouver, Calgary, Edmonton, Saskatoon, Regina, Winnipeg, Toronto and Thunder Bay, Ont. Hopes were also riding high after the throne speech promised "the resources needed to ensure safe drinking water in First Nations' communities." By the government's own estimates, more than $700 million is needed to upgrade and replace water treatment plants to avoid a potential waterborne disaster. Last year's federal budget committed $600 million - but over six years, drawing criticism from those urging faster action. Chief Lance Haymond of Eagle Village First Nation in Quebec was dismayed by news that no big-ticket housing item is expected in the budget. "It's a No. 1 priority." Haymond and other leaders released a report Monday by Quebec consultants Gaston St-Pierre and Associates. Compiled over three years, it was billed as the most recent, comprehensive assessment of "the shocking state" of housing on 42 First Nations in Quebec and Labrador. The report concludes that 8,700 new houses, worth more than $1 billion, are required in the next five years to raise native living conditions to Canadian standards. Copyright c. 2004 The Canadian Press. --------- "RE: Aboriginal Leaders meet with Paul Martin" --------- Date: Fri, 11 Mar 2004 08:18:44 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HOPEFUL MEETING WITH PM" http://www.owlstar.com/dailyheadlines.htm http://www.canada.com/~95c61a-55e6-4af4-90ef-2f6883e6a09f&disp=e&end Aboriginal leaders leave meeting with Paul Martin empty-handed but hopeful SUE BAILEY Canadian Press March 11, 2004 OTTAWA (CP) - Prime Minister Paul Martin opened the door Thursday to including aboriginal leaders at first ministers meetings, but doused hopes for major new spending on natives. "We're very tight," Martin said of federal finances after a rare meeting with all three of Canada's First Nations, Inuit and Metis leaders. "We're just going to have to operate within those very tight constraints," Martin said in a brief interview as the final touches are put on a federal budget for March 23. No one wants to see the country go back to the overspending that once racked up billions of dollars in deficit, he said. Martin has toured the country trying to shore up trust in Liberal management amid the $100-million sponsorship scandal involving excess payments to Quebec ad firms. His government is also asking for a refund of $160 million paid for questionable computer contracts over several years by the Defence Department to Hewlett-Packard (Canada) Ltd. - unless the company can prove related work was done. And RCMP continue to investigate a fraud involving millions of dollars in irregular spending at the now defunct Virginia Fontaine Addictions Foundation on the Sagkeeng First Nation in Manitoba. Nine people, including three ex-Health Canada officials, have been charged. Martin described as informal the meeting with Phil Fontaine, Assembly of First Nations National Chief, Inuit leader Jose Kusugak, and Metis leader Clement Chartier. The three groups have drafted an agreement to work together on common issues that could be signed by all three by June. Martin has said aboriginal poverty must become a national priority "like never before." The throne speech that opened Parliament in February also called native living conditions "shameful." The leaders were encouraged Thursday that Martin will regularly include them at meetings of the cabinet committee on aboriginal issues that he leads. Inclusion at meetings of premiers and the prime minister would also be a coup for aboriginal leaders who were excluded under Martin's predecessor, Jean Chretien. "We want to be fully engaged in all the issues that the government is deciding on," Fontaine said. Copyright c. 2004 The Canadian Press. --------- "RE: Rallies call for End to Violence, Abuse" --------- Date: Wed, 10 Mar 2004 08:29:53 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="16 YEAR OLD'S DEATH" http://www.owlstar.com/dailyheadlines.htm http://www.canoe.ca/NewsStand/LondonFreePress/News/2004/03/09/375476.html Rallies call for end to violence, abuse Free Press news services March 9, 2004 When 16-year-old Valicia Velvet Solomon Osborne disappeared from her Winnipeg home last March, her family kept hoping that she would turn up, but they dreaded the worst. Their dread turned to anguish seven months later when some of her severed limbs were discovered in the Red River. Valicia had become another in a long list of Canadian aboriginal women who have been murdered. Her killer has not been found. Outside the Manitoba legislature yesterday, aboriginal groups marked International Women's Day by calling for more public attention to such cases. "There are children - 16- and 17-year-old women - that are disappearing off the streets of Winnipeg frequently," said Leslie Spillett of the Mother of Red Nations Council. Spillett estimated 500 aboriginal women across the country have vanished over the last decade. But she said they get little media attention compared with the cases of white women, such as Dru Sjodin, a university student who disappeared from a mall in Grand Forks, N.D., two hours south of Winnipeg. In Ottawa, about 30 aboriginal women, chanting "Rem-ember our sisters," marched on Parliament Hill. Women across Asia also marked the day with rallies. They called for an end to domestic violence and demanded better economic opportunities. In Bangladesh, police said more than 10,000 women attended about a dozen demonstrations in the capital of Dhaka. Some carried placards that read: Stop violence on women and Don't kill women for dowry. The practice of demanding a dowry - money and gifts given by a bride's family to the groom's as a condition of marriage - continues, despite a law banning it in the impoverished Muslim-majority nation. More than 570 women - mostly from poor families - have been murdered or committed suicide since 2000 because their families failed to meet dowry demands, the humans-rights group Odhikar said in a report released yesterday. Copyright c. The London Free Press 2001,2002,2003. --------- "RE: Defining Metis a Complex Task" --------- Date: Sun, 14 Mar 2004 08:18:06 -0500 From: "Frosty" Subj: Fw: Defining Metis a complex task Mailing List: Frostys AmerIndian ----- Original Message ----- From: Russell Diabo PUBLICATION The Edmonton Journal DATE Fri 12 Mar 2004 BYLINE Chris Purdy HEADLINE: Defining Metis a complex task: Hunting ruling spurs more membership claims EDMONTON - After claiming a landmark victory for Metis hunting rights in the Supreme Court, lawyer Jean Teillet expects it will take a few more years for Metis people to agree on a national, standardized identification process. The Vancouver-based lawyer said the next step will be convincing the federal government to respect the proposed guidelines for who should and should not be declared Metis. "What's the definition of Canadian?" asked Teillet, one of several guest speakers at the Metis National Council conference Thursday in Edmonton. The meeting runs through Saturday. "There is no definition of Canadian," Teillet said. "We don't want to lock it in so tightly it can't grow and change." The same principle applies to the identity of Metis in the 21st century, she said. It's complex and changing. "We are not what we were in 1885. We are what we are today." On the other hand, said Teillet, the definition of Metis cannot be so broad as to include everyone with aboriginal ancestry. Metis councils in Alberta, British Columbia, Saskatchewan, Manitoba and Ontario each have their own identity requirements for membership. Two years ago, the Metis National Council created a national definition of Metis. The national definition must still go through a lengthy acceptance process. Then, a national registry will be created. Teillet said the federal government has promised funding in its upcoming budget to help with the process. Last September, the Supreme Court waded into the issue, creating its own basic definition of Metis in a ruling about aboriginal hunting. Steve Powley and his son Roddy, from a Metis community in Sault Ste. Marie, Ont., were charged with hunting without a licence after they shot a moose in 1993. After more than a decade of legal battles, Canada's top court ruled Metis people with links to historical Metis communities and traditions share the aboriginal right to hunt for food along with First Nations people. Powley, 56, died of diabetes complications last week. Teillet said the illiterate, gentle man gave her a chocolate bar in court each day during the trial. The 300 delegates at the conference Thursday stood for a moment of silence in his honour. "He was not a man who sought the limelight," said Teillet. "Steve took on a huge burden for all of us and he carried it with dignity and grace." Leah LaPlante, vice-president of the Manitoba Metis Federation, said the hunting decision has prompted many people to ask for Metis membership who don't deserve it. "People are coming out of the woodwork," said LaPlante. Audrey Poitras, president of the Metis Nation of Alberta, also said more people have been requesting memberships since the Powley case. A researcher was hired to help applicants trace their genealogical roots. About 32,000 Metis are registered members of the Alberta organization, said Poitras. According to Statistics Canada, 66,000 Albertans declared themselves Metis on the last census. cpurdy@thejournal.canwest.com WHO IS METIS? Provincial Metis groups each have their own membership definitions. In 1992, the Metis National Council developed a national definition guideline, but it must still go through an approval process. Last fall, the Supreme Court granted Metis people the aboriginal right to hunt for food. The court directed the government to quickly develop a more systematic method to identify Metis rights-holders. In its ruling, the court outlined a basic definition. A METIS PERSON MUST: - self-identify as a member with an ongoing connection to a historic Metis community; - have proof of an ancestral connection to the community by birth, adoption or "other means"; - be accepted by the community, through participation in a shared culture, its customs and traditions. This could include membership in a Metis political organization. --------- "RE: Nault's Bill C-19 re-introduced as C-23" --------- Date: Sun, 14 Mar 2004 08:16:14 -0500 From: "Frosty" Subj: Fw: Nault's Bill C-19 Re-Introduced as C-23 During House of Commons Proceedings - March 10, 2004 Mailing List: Frostys AmerIndian ----- Original Message ----- From: Russell Diabo First Nations Fiscal and Statistical Management Act Hon. Andy Mitchell (Minister of Indian Affairs and Northern Development, Lib.) moved for leave to introduce Bill C-23, an act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute and to make consequential amendments to other Acts. He said: Mr. Speaker, pursuant to the special order made previously, I would like to inform the House that this bill is in the same form as Bill C-19 was at the time of prorogation of the previous session. (Motions deemed adopted, bill read the first time and printed) The Speaker: The Chair is satisfied that this bill is in the same form as Bill C-19 was at the time of prorogation of the second session of the 37th Parliament. [Translation] Accordingly, pursuant to order made on Tuesday, February 10, 2004, the bill is deemed read the second time, referred to the Standing Committee of Aboriginal Affairs, Northern Development and Natural Resourcesand reported. [English] The bill will therefore stand on the Order Paper at report stage and the notice period will be pursuant to Standing Order 76.1(1). (Bill deemed read the second time, considered in committee and reported) --------- "RE: Native flag defaced, Police charged" --------- Date: Sat, 13 Mar 2004 15:53:37 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="COPS DEFACE WARRIOR FLAG" http://www.owlstar.com/dailyheadlines.htm http://www.theglobeandmail.com/~/?query=first+nations&disp=e&end Native flag defaced, police charged OPP unit disbanded after internal probe by professional standards bureau By MARY NERSESSIAN March 12, 2004 The Ontario Provincial Police have charged eight OPP officers with Police Service Act offences after a Chippewa band member's first nations flag and his photograph of the Oka standoff were defaced early this year. On Jan. 12, Chippewa of the Thames First Nations police called OPP officers for help in dealing with an armed man who had barricaded himself in a residence, said Chief Kelly Riley of the Chippewa police. After he agreed to surrender, members of the central tactics and rescue unit entered the home. A week and a half later, the man approached Chief Riley to complain that his property was defaced. Several large Xs were drawn through his first nations warriors flag with a ballpoint pen. Another large X had been drawn through the image of a native protester facing off against a Canadian soldier in a newspaper clipping he kept encased in plastic for protection. The OPP disbanded the central tactics and rescue unit, based in Barrie, Ont., and charged the eight members after an investigation by its internal professional standards bureau. The OPP, in consultation with Crown counsel, decided against criminal charges. "The time factor is part of the investigation; it shouldn't have taken as long as it did," said Superintendent William Crate, commander of the OPP's corporate communications bureau. "We believe the officers intentionally misled us during the investigation. "It's all about building a culture of trust," he said, referring to the relationship between the first nations people and the OPP. "The deceit just makes it worse. That's why we disbanded that team." Chief Riley said the man's brother had given him the flag. "So it has a large sentimental value. The flag, undoubtedly along with the picture, will be replaced but perhaps it's not the same thing. "What that flag represents is the warrior society, which has been in existence for centuries and centuries. . . . When you deface something like that, depending on how you look at it, it's offensive. It may only be nylon, but on the other hand it symbolizes something." If found guilty, the eight officers may face demotion or firing. Another seven are facing internal discipline, which can range from counselling to 24 hours loss of pay. The four-person Chippewa policing team responds to the community of about 1,000 Chippewa members and 250 Munsee-Delaware members of the Thames First Nation, said Chief Riley. The Thames First Nation is in southwestern Ontario, about 36 kilometres southwest of London. "It's generally a positive-enough relationship," said Chief Riley, of the relationship between the first nations police and the OPP, "however, because of the extrajudicial execution of [native protester] Dudley George, the OPP have not been allowed in [to Chippewa First Nation territory]. "The people here really want policing by our own people," said Chief Riley. "We are perfectly capable of providing our own policing around here ... [but] we don't have the money to be able to do it." The OPP provides native awareness training to members of all ranks, said Supt. Crate. But he added, "that's not to say that we can't do things better." The first hearing is on May 12 at OPP headquarters in Orillia, Ont. Charged with one count each of discreditable conduct and deceit are John Latouf, Ron Heinemann, Sean O'Rourke, Alex Zapotoczny, Al Penrose, Jason Kummer, Cam Cooper, and Brad Traves. Mr. Latouf and Mr. Heinemann have both been suspended from duty. The other men have been reassigned. Copyright c. 2004 Bell Globemedia Publishing Inc. All Rights Reserved. --------- "RE: Canad1an Federal Gun Registry Unconstitutional" --------- Date: Thursday, March 11, 2004 12:25 am From: Rolland Nadjiwon Subj: FYI WHITESAND FIRST NATION PRESS RELEASE FEDERAL GUN REGISTRY DECLARED UNCONSTITUTIONAL The Whitesand First Nation is pleased to announce that the Ontario Court of Justice has today, March 02, 2004 ruled that the Federal gun registry, which requires Aboriginal People to pay fees to possess firearms, is unconstitutional and unenforceable. In acquitting Whitesand First Nation members Mark and Leon Nayanookeesic of all charges, the court exercised for the very first time in Canada, the courts power to award costs in criminal case against the Crown for it's involvement in breaching a right protected under section 35 of the Constitution Act(1982). The decision raises broad implications for Canadians in general and Aboriginal Canadians in particular. Further details of the decision and the effect of the historic ruling are to be announced by Chief Ernie Wanakamik at the Whitesand First Nation Rec Hall at 12 noon on March 4, 2004. For further information contact Chief Ernie Wanakamik at the Whitesand First Nation Band Office at (807) 583-2177. --------- "RE: Ipperwash Judicial Inquiry begins next Month" --------- Date: Thu, 11 Mar 2004 08:34:17 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="IPPERWASH" http://www.owlstar.com/dailyheadlines.htm http://www.theglobeandmail.com/~/?query=aboriginal&disp=e&end Ipperwash judicial inquiry begins next month By Richard Mackie Wednesday, March 10, 2004 The long-sought judicial inquiry into the police shooting death of native protester Dudley George will begin hearings next month close to the scene of his death at Ipperwash, in Southwestern Ontario on the shores of Lake Huron. Mr. Justice Sidney Linden announced yesterday that the hearings will begin on April 20 at the Forest Memorial Community Centre, about 10 kilometres from Ipperwash Provincial Park. Mr. George was shot and killed as the Ontario Provincial Police tried to force protesters from the park on Sept. 6, 1995. The first four days of hearings will focus on the issue of which interested parties will be allowed to have lawyers to represent them and which will receive funding from the commission to assist them in having representation. Copyright c. 2004 Bell Globemedia Publishing Inc. All Rights Reserved. --------- "RE: Inquiry hears Ball dropped on Stonechild Probe" --------- Date: Thu, 11 Mar 2004 08:34:17 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="STONECHILD PROBE ADMISSION" http://www.owlstar.com/dailyheadlines.htm http://www.theglobeandmail.com/~/?query=aboriginal&disp=e&end Ball `dropped' on Stonechild probe, inquiry hears Canadian Press March 9, 2004 The highest-ranking Saskatoon police officer to testify at an inquiry into the 1990 freezing death of Neil Stonechild admitted Tuesday that "somebody dropped the ball" when it came to the investigation of the case. The admission came as Deputy Chief Dan Wiks was talking about why Mr. Stonechild's death was never referred to the force's major crimes unit for investigation. The lead investigator Keith Jarvis, an inspector with the morality squad who had no experience with suspicious deaths, had asked his supervisors for the referral. Inquiry Commissioner David Wright asked Chief Wiks why that request was not recorded. "The fact of the matter was that somebody dropped the ball here and that wasn't picked up," Chief Wiks testified. Mr. Stonechild's frozen body was found on the outskirts of Saskatoon in November, 1990. Some people believe the 17-year-old was taken by police outside the city and abandoned on a so-called "starlight tour" - the name given to what some allege was the police force's way of easily handling suspected troublemakers. The inquiry was called to examine what, if any, role officers played in Mr. Stonechild's death and how the subsequent investigation was carried out. Mr. Wright cannot assign blame, but can make recommendations to be used in the future. Insp. Jarvis's lawyer, Kenneth Stevenson, led Chief Wiks through some of the work police investigators did at the scene where the body was found and asked him what he thought. "The scene wasn't properly assessed, nor (were) the proper resources accessed," Chief Wiks said. Mr. Stevenson asked Chief Wiks if the reports that Insp. Jarvis filed on the case were complete. "They seemed to contain the information that Jarvis had, but I think it is fair to say that Jarvis should have went further," Chief Wiks said. The inquiry has already heard how Saskatoon police originally investigated Mr. Stonechild's death for three days and then closed the file. At the time, they declared the aboriginal teen froze to death while trying to walk to a correctional facility. Mr. Stonechild is one of three aboriginal men to freeze to death under similar circumstances. In 2000, Rodney Naistus, 25, was found frozen to death south of the city. Five days later, the body of social work student Lawrence Wegner, 30, was found frozen in the same area. Inquests into those deaths were inconclusive. A third man, Darrell Night, came forward after Mr. Wegner's body was found. Mr. Night reported he had been dropped off by police south of the city on a bitterly cold night, but had managed to get to a nearby power station for help. The cases sparked outrage in the Saskatoon aboriginal community and led to one of the largest RCMP investigations in provincial history. Two Saskatoon police officers - Dan Hatchen and Ken Munson - were found guilty of unlawful confinement in the Night case and sentenced to eight months in jail. They were fired from their jobs. Copyright c. 2004 Bell Globemedia Publishing Inc. All Rights Reserved. --------- "RE: Blackfeet Leaders anxious to resume Tribal Police" --------- Date: Sat, 13 Mar 2004 15:53:37 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BLACKFEET LAW ENFORCEMENT" http://www.missoulian.com/articles/2004/03/14/news/top/news01.txt Blackfeet leaders anxious to reclaim control of law enforcement despite widespread support for BIA By MICHAEL JAMISON of the Missoulian March 14, 2004 BROWNING - Walk the windblown streets of Browning, of Heart Butte and East Glacier and Blackfoot, and you'll be hard pressed to find anyone who thinks the Blackfeet tribe should be given a badge. Teachers prefer the blue-uniformed cops from the Bureau of Indian Affairs, who took over a year ago amid allegations of corruption in the tribal police department. Store owners prefer the BIA, too. So do nurses and mothers and bartenders and ranchers and the young woman who steams the lattes in the concrete tepee building. But elected leaders on the Blackfeet Indian Reservation say they will ignore that popular sentiment. Before spring melt soaks the prairie, the Tribal Council hopes to have begun the business of wresting police powers back from the BIA, despite overwhelming public opposition. "We want to take control of our destiny," said Gordon Monroe, an official on the Tribal Council and a member of the tribe's Law and Order Committee. "We want this program back." Problem is, a whole lot of the folk who live here don't necessarily want the tribal police back. "I've been very pleased with the BIA taking over," said Arlene Augare, one of several residents who turned out for a community meeting in Heart Butte on a wintry Wednesday the first week of March. The room was unanimous, with everyone firmly behind the agency takeover. "I'll back the BIA 100 percent. The tribe wants the power so bad, but they proved they can't handle it." A government review of the BIA's presence this past year, conducted in early March, included interviews with dozens of people in several reservation communities. While those interviews did uncover some complaints about the BIA police, they failed to turn up anyone who wanted the tribe to reclaim policing powers. Likewise, several dozen interviews conducted by the Missoulian in three separate reservation towns failed to find anyone who wanted to see tribal cops back on the beat. Then there was that community meeting in Heart Butte, likewise unanimous in its support of continued BIA policing. Only the Tribal Council's own survey of nearly 500 reservation residents turned up any support for tribal cops, and even that survey showed only one-third of the population in favor of returning policing to the tribe. "People are afraid to give it back to the tribe, because of the past," said Francis Onstad, who helped compile the tribe's survey. Still, she said, the tribal government is fixing the problems, and is increasingly prepared to police itself, even if the people don't realize it. Those fixes, however, are tough to point to. No actual changes appear to have been made to address the concerns of corruption and political influence that brought the BIA to town in the first place. "It's pretty clear what people think about this situation," said Ed Naranjo. "People don't necessarily like everything about the BIA, but they sure don't want to go back to the days of tribal police." Naranjo is in charge of regional law enforcement for the BIA, overseeing a six-state area that includes Montana, Wyomin