From gars@speakeasy.org Fri Jun 18 10:51:59 2004 Date: Tue, 08 Jun 2004 15:46:30 -0700 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews12.024 _ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' ____ _ , ___ _ , ___ / ' ) / / ) ' ) / / ' VOLUME 12, ISSUE 024 / /-< / /--/ /-- __/_ / ) (___/ / ( (___, 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 June 12, 2004 Mohawk ohiari:ha/ripening moon Blackfeet pi'kssiiksi otsitaowayiihpiaawa/moon when birds lay their eggs +-------------------------------------------------------+ | 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; ndn-aim and Justice Network 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: + -- -- -- -- -- -- -- -- -- -- -- + ======================== "We Sioux spend a lot of time thinking about everyday things which in our minds are mixed up with the spiritual. We see in the world around us many symbols that teach us the meaning of life. We have a saying that the white man sees so little, he must see with only one eye. We see a lot that you no longer notice. You could notice if you wanted to, but you are usually too busy. We Indians live in a world of symbols and images where the spiritual and commonplace are one...We try to understand them not with the head but with the heart" __ John Fire Lame Deer +- -- -- -- -- -- -- -- -- -- -- -+ | 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! There is a letter in this issue from Elouise Cobell, the lead plaintiff in the Indian Trust case against the United States and, specifically, against the department of Interior for stealing (not misplacing - STEALING) billions of your trust dollars. Two passages near the end of the letter caught my attention. They are as follows: 1) "You can help us continue this fight. Urge your members of Congress to tell the Bush administration to negotiate in good faith with us, especially since we have agreed on two highly-qualified mediators. Tell them not to continue to harm Native people by attempting to break up the class by peeling off small groups of Indians for settlements of pennies on the dollar." and 2) "Remember, we are doing this for our ancestors, our children, our grandchildren and us. It is our money, after all. The government has stolen it long enough." We all want item 2 to become a reality. It cannot unless number 1 becomes a reality. We, each one of us, must not become complacent and apathetic due to the deliberate delays, foot dragging and outright obfuscation and lies by members of the Bush administration. Giving up is what "they" want us to do. We are born of warrior societies. It is our obligation, again - each one of us, to plant our staffs and stay the battle against this stealing, lying enemy. Help Grandmother Cobell win this battle. Write the letters she asks of us, make the calls she asks of us. Remain a festering sore in the side of the fat stealers. Dohiyi Oginalii , , Gary Smith (*,*) gars@speakeasy.org P. O. Box 672168 (`-') gars@nanews.org Marietta, GA 30008, U.S.A. ===w=w=== http://www.nanews.org ----------- News of the people featured in this issue ---------- - Cobell Lawsuit and - YELLOW BIRD: Supporting your Individual Trust Accounts our Troops, opposing War - Calpine halts Geothermal Projects - Tribal Games teach Respect, - House Subcommittee boosts funding Tradition for BIA and IHS - Fontaine: Indian Act is racist - Indian deaths and racism in S.D. - Mohawk Chief calling it quits - Appeals Court shoots down - New life for Languages Makah whaling Case in Whitehorse School - Senator calls for - Judge throws the book at U.S. Government to apologize Sex-Criminal Colleague - Spilled Blood, Spilled Ink - Congress yanks Shoshone Indians - Sovereignty Symposium - Lawsuit fights for contains scary Messages Indians' Benefits - Ruling roils Waters - Ute Tribal Members suing Agency in Tulalip Tidelands dispute - Settlement reached - Healing Participants in Demain Lawsuit complete 360-mile Walk - Native Prisoner - Tribes, Energy Industry -- Justin Wing Outrageous Medical discuss Environment neglect & Suicide rates - CPN Tribal Heritage Project - History: Carlisle Indian School connects Threads - Rustywire: Shipock Skinwalkers - S. Dak. Indian voters on road to Gallup stay with the Democrats - Verse: Hawaiian Book of Days - Rustywire Verse: Come with me --------- "RE: Cobell Lawsuit and your Individual Trust Accounts" --------- Date: Mon, 7 June 2004 08:41:12 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MESSAGE FROM ELOUISE COBELL" http://www.indiantrust.com/ The Cobell Lawsuit and Your Individual Trust Accounts Greetings: A lot has been happening in recent weeks with our lawsuit over the government's mishandling of your trust accounts. The case is once again at a crucial stage and I want you to be aware of the latest developments in Washington. In April we had two significant developments in the case. Alan Balaran, who had served as the court-appointed special master in our case since 1999, resigned on April 5. In a letter made public by the court, Mr. Balaran said he could not continue to be effective because of the continuing interference he encountered from the Interior Department. During his nearly 5 years as special master, Mr. Balaran documented many of the allegations we had made about the department's mishandling of its trust responsibility. He did much to move the case to resolution. Perhaps that's why Interior officials were so disturbed by his resignation. What he proved time and time again was that the department itself was responsible for its "systemic failure to properly monitor" the trust system. That's what we have repeatedly told the courts. It was good to have an independent voice support those charges. Regardless of what the Interior officials say, the special master made clear to the courts that the department was incapable of handling the trust and reforming its operations on its own. The much more promising news from Washington is that we and the government have agreed on the appointment of two mediators who might be able to help resolve this dispute. The individuals we have selected are Charles Byron Renfrew, a former federal judge and deputy U.S. attorney general, and John G. Bickerman, a lawyer experienced in handling mediation. Judge Renfrew, in particular, has established a reputation for fairness and equity that is beyond reproach. He has experience in the oil industry, which should be crucial because so much of the money that was mishandled by the government became from the oil and gas leases of Indian lands in the West. Judge Renfrew also has excellent bipartisan credentials. A Republican appointed him to the federal bench and a Democrat, Jimmy Carter, appointed him to one of the highest jobs in the Justice Department. This step is but the first step in what we believe is likely to be the long process of mediation. Be assured that we will continue to be as vigilant in monitoring the mediation talks, as we have been aggressive in the courts. Our court case will continue while the mediators attempt to bring resolution to the trust issues that prompted our litigation. As you may know we have tried on at least five occasions to settle this lawsuit out of court. Each time the government has blocked those settlement and made progress impossible outside of the courtroom. So why did we do agree to mediation? Our many friends in Congress have urged mediation as the way to resolve the issues in our lawsuit. Since it has become is clear that Interior Secretary Gale Norton and Attorney General John Ashcroft will not settle the case without pressure, perhaps congressional involvement will provide the necessary element to achieve a fair settlement of the case. It is worth a try, we believe. We are, of course, concerned that Congress might try to impose a legislative settlement without the agreement of the beneficiaries that could undermine our rights and court victories if we do not at least try mediation. That's why we have begun these talks. We still have much to talk about before mediation can begin. We need to set the ground rules for the mediators, for example. It's not just the shape of the mediation table but what issues we will discuss that must be decided. MANY APPEALS I must tell you that I am not overly optimistic. After nearly 8 years in the courts, I believe that the government has done little but delay everything. The Bush administration is determined to appeal every decision of the district court, even when it knows that its conduct harms you and other Native people. Secretary Norton said in an April 6 letter to the Sen. Ben Nighthorse Campbell, chairman of the Senate Indian Affairs Committee, that the administration wants to end all supervision of our lawsuit by the district court. That's just the latest effort by the government to deny us our fundamental rights. As I told the Navajo people during an April visit, I sometimes fear is that our lawsuit is becoming something that the Native people know all too well. It seems like our lawsuit has become yet another long walk that the federal government - the Interior Department, the Justice Department and the White House - is demanding Indian people take. Just as the Navajo were tested in the 1860s by the famous long walk that decimated that nation, the government is bringing its enormous legal resources in an attempt to destroy our rights and our ability to enforce those rights through this lawsuit. As the government has done so often in controversies with Native people, it wants to divide us and make us so tired of fighting in court that we will be forced to settle for far less than we deserve - pennies on the dollar. The government has thought that it could simply outnumber us with scores of lawyers, baseless motions and bad faith appeals, all paid with an endless supply of our tax dollars. The government has spent more than $100 million in defending their failure to honor the obligations it owes to you and other Native people. It has attempted to undermine our will to fight this terrible injustice by dividing and splitting Indian people whose money and land is at stake. Fortunately, for all the years of this difficult litigation, the government has failed. As Indian people have shown, when Indian people are united they can do great things. We must not allow the government to divide us, especially now when we have won all the court battles on the merits. Justice is on our side, and we will prevail if we remain united and do not allow the government to intimidate us or compel us into settlements and compromises that undermine everything that we have fought so hard to protect. What we have sought from the outset is a full and complete accounting of what the federal government did with our monies and our lands from the inception of the Individual Indian Trust in 1887. This is the basic, absolute legal right every trust beneficiary has in America - whether Indian or non-Indian. All trustees, including the government, the smallest trust company in Montana, and the largest trust company on Wall Street, are governed by the same standard. The Secretary of the Interior, who is responsible for the management of the Indian trust, is not free to continue to behave badly and otherwise act against your interests as a trust beneficiary. We have asked for a full accounting of our trust funds and trust lands. That right has been confirmed by federal courts. We have asked that the government fix its broken trust management system - something every trust beneficiary has a right to expect. We know from numerous studies dating back to the inception of the trust that the government did not handle our trust monies and our trust lands properly. The government has admitted this in court. Not once, but repeatedly. And the courts have agreed with us. OUR VICTORIES Court orders from both U.S. District Judge Royce Lamberth, who has presided over our lawsuit, and the U.S. Court of Appeals for the District of Columbia have backed our positions. Those decisions state clearly and firmly that we have a right to a full and complete accounting of our monies. Do not be fooled by some of the government's claims that a court decision that protects the Secretary from any punishment for lying to a federal judge in our case or that the courts have erased in any way the government's obligation to conduct a complete accounting and to fix the broken trust management system. Those victories remain intact and cannot be challenged. Having won those victories, we should not settle for less that we are entitled to. That would make us second class citizens and would deny us constitutional right that every other American has. As the lead plaintiff in the Cobell vs. Norton lawsuit, I want to renew the pledge I made when I filed the lawsuit in 1996. We said then and we say again today we will not accept a settlement that is unfair and unjust to Indian people. We are continuing our difficult fight in court until final judgment or until a fair settlement is reached. However, no one knows how long this will take. Yet, we must not ever surrender or the government's abuse of us, our families, our neighbors, and our friends will never end. THE INTERNET Let me tell you about the recent cutoff of the Internet. Judge Lamberth ordered it because the Interior Department refused to protect our trust records and trust funds are from computer hackers. For years, the Court and the government have known that our trust records have been destroyed and corrupted by hackers, making it impossible to do an accurate accounting of our trust funds and putting our trust assets at great jeopardy of loss. We need security for our trust records and our trust funds - not a system like the one that exits where any high school kid with access to the Internet could hack into the system and destroy our trust records and steal our trust funds - without any trail. Unfortunately, an appeals court ended the Internet disconnection before adequate safeguards were put in place. But, we will continue to address this vital issue in the courts. Don't think for a moment think that means our lawyers are not determined to win this case. We are absolutely right on the law and the facts. We believe that the only way to end this nightmare is to place the Individual Indian Trust in the hands of a receiver under the supervision of Judge Lamberth. The judge has said he has the authority to do this if the Interior Secretary will not act like a fit trustee. Receivership would not harm you; it would not affect your regular checks or reduce the amount of funds in your account. It would just mean that someone under the direct supervision of Judge Lamberth would oversee the trust reform, management and administration while reform was taking place. After 8 years of litigation, I think most people in Indian Country have come to realize that Judge Lamberth cares much more about our interests than Secretary Norton. We will, of course, be fighting the government's efforts to end Judge Lamberth's supervision of the case. Based on the court record, we have said repeatedly she does not deserve to be allowed to continue to control our money. Our court file is thick with details of the government's lying, misleading and deceiving the judge about what has happened to trust records and trust funds. Critical documents have been lost destroyed intentionally; yet no one has been punished personally for this illegal conduct. It's no wonder that two Interior secretaries have been held in contempt by the courts. Interior Secretary Norton got an appeals court panel to remove her contempt conviction, but the evidence of her continuing abuse is clear and established. It seems that the court of appeals is willing to protect Norton, even when the law demands that she be punished for lying to a federal judge. My friends, we will not allow our trust assets to be handled with such a callous attitude and flagrant disregard for the rights of Indian people as Secretary Norton has displayed. We will continue the fight to see that Secretary Norton and other Interior officials are punished for their continuing abuses even after they leave office, if necessary. The appeals court recently suggested that criminal contempt may be appropriate. We agree. You can help us continue this fight. Urge your members of Congress to tell the Bush administration to negotiate in good faith with us, especially since we have agreed on two highly-qualified mediators. Tell them not to continue to harm Native people by attempting to break up the class by peeling off small groups of Indians for settlements of pennies on the dollar. There is another important point. Do not fall for the argument that some are making that any settlement will force the government to curtail spending on existing Indian programs. Judge Lamberth has made it pointedly clear that the government must not do that. Most members of Congress from Indian Country also agree that Indian people should not be punished because they want only what is theirs - their trust money! The government has a special fund that can fund any final settlement of our lawsuit. It is the "judgment fund." It was created to fund the payment of money that a court has decided the government owes, including trust funds. Therefore, no money must be taken from Indian programs to settle our case. Sen. John McCain of Arizona has said many times that if this were any other group other than American Indians, the national government would have resolved this issue years ago. That's why we must be united, why we must stand together to have this issue resolve for the good of all Indian people and the good of America. Thank you for your continued support. You can follow the latest details of our case at our website: www.indiantrust.com. Remember, we are doing this for our ancestors, our children, our grandchildren and us. It is our money, after all. The government has stolen it long enough. Best regards, Elouise Cobell Browning, MT --------- "RE: Calpine halts Geothermal Projects" --------- Date: Thu, 27 May 2004 08:17:12 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MEDICINE LAKE" http://www.indianz.com/ http://www.mtshastanews.com/articles/2004/05/26/news/01geothermalhalt.txt Calpine halts geothermal projects By Paul Boerger Updated: Wednesday, May 26, 2004 4:50 PM PDT May 26, 2004 In the face of continuing legal challenges, Calpine Corporation has announced it will cease major work at the Medicine Lake geothermal electrical generation facilities until 2005. Medicine Lake is located 30 miles east of Mount Shasta and 10 miles south of Lava Beds National Monument. Exploratory steam wells have been drilled by Calpine, but no plants have been constructed. Calpine has plans to construct two 49 megawatt plants in the area. "We've been down this road before," said Calpine vice president of program development John Miller. "At the end of the day, we think something good will come out of this for everyone." Miller said some surveying and other minor work will continue, but that there will be no well drilling. Earlier in the year, Calpine won a suit brought by the Earth Justice Environmental Law Clinic at Stanford on behalf of the Pit River Tribe, Mount Shasta Bioregional Ecology Center and the Native Coalition for Medicine Lake Highlands in US District Court. The Law Clinic filed an appeal to that decision on April 12th to the Ninth Circuit Court of Appeals. The suit contends, among other issues, that the leases were improperly extended, Native Americans were not properly consulted and environmental reviews were inadequate. Calpine is also facing a new lawsuit filed May 18th by the Save Medicine Lake Coalition which includes four other conservation groups: the Medicine Lake Citizens for Quality Environment, California Wilderness Coalition, Klamath Forest Alliance and the Fall River Wild Trout Foundation. The new lawsuit contends that in approving the projects the US Forest Service violated several environmental laws including the National Environmental Policy Act, National Historic Preservation Act and the National Forest Management Act. Geothermal electricity is generated from wells drilled up to 9,000 feet to tap steam. The steam turns a turbine to produce electricity. Water that comes out the wells along with the steam is held in sump ponds and then reinjected back into the well. Geothermal is touted as either a clean renewable energy alternative to coal and fossil fuel or an environmental and aesthetic disaster, depending on who you talk to. Opponents of the project say the plants will pollute ground water with heavy metals such as mercury and arsenic, destroy the area's pristine scenic beauty with nine story high plants and 24 hour lighting, and defile an area held sacred by Native Americans for thousands of years. Calpine says the metals are present in naturally occurring trace amounts and that the water containing the chemicals is held in impermeable clay lined sump ponds before reinjection back into the ground. In addition, Calpine points out that the plants are located in areas that cannot been seen from the lake or its immediate environments and that it has taken strenuous steps to mitigate where power lines and roads will be built. Calpine also says that great care has been taken not to disturb Native American sites and has engaged the services of monitors to ensure Native American culture is respected. "The groups opposed to the project won't respond to invitations to have meetings," Miller said. "It a multi-use area and we have to sit down and talk." "At stake is the search for justice in this issue, looking at the very point of whether the leases should have been issued in the 1980s, and renewed in 1998," said Michelle Berditschevsky of the Native Coalition for Medicine Highlands. "It is amazing after more than seven years of challenges, Calpine and the Bureau of Land Management still don't understand that an industrial wasteland would be out of harmony with the primordial significance of the Medicine Lake Highlands." Chairperson Janie Painter of the Save Medicine Lake Coalition says the Forest Service decision to approve the plants is "an environmental abomination." "Of the dozens of geothermal sites throughout the United States available for power development, the Medicine Lake Highlands is absolutely the worst conceivable location to place these monstrous industrial operations," Painter said. "The legal battle isn't over yet." Save Medicine Lake Coalition attorney Stephan Volker said the Forest Service was remiss in approving the projects. "Contrary to NEPA and other environmental law, before leasing these lands for geothermal production, the Forest Service never evaluated in an environmental impact statement, the threshold question whether the Medicine Lake Highlands should be sacrificed for geothermal development rather than preserved for wildlife habitat, aesthetic enjoyment and public recreation," Volker said. Calpine says that in addition to clean renewable energy, the project will employ 200 people during construction with 40 permanent jobs created. In addition, Calpine claims the plants would generate more than $1 million a year in royalties to Siskiyou County. Copyright c. 2004 Mt. Shasta News. All rights reserved. --------- "RE: House Subcommittee boosts funding for BIA and IHS" --------- Date: Fri, 4 June 2004 09:19:09 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BIA/IHS FUNDING" http://www.indianz.com/ http://www.washingtonpost.com/wp-dyn/articles/A13887-2004Jun3.html White House Initiatives Are Rejected House Appropriators Cut Bush Projects for Congressional Priorities By Dan Morgan Washington Post Staff Writer June 4, 2004 A House panel voted unanimously yesterday to slash a number of signature Bush administration domestic initiatives by $750 million, sending a signal that Congress intends to make the White House share the pain of belt tightening. Among the spending rejected by a Republican-led House Appropriations subcommittee was $18 million for the "American Masterpieces" program, which has been championed by Laura Bush; $23 million for the "We the People" civics and history program, which was announced by President Bush at a White House ceremony, and $219 million for "FutureGen," a special initiative of Energy Secretary Spencer Abraham to develop a nonpolluting coal-fired power plant. The action marked the beginning of what is expected to be months of contention over the 13 annual bills that allocate funds for government departments and agencies starting Oct. 1. Overall, the panel reduced funding for the natural resources bill from $20 billion this year to $19.7 billion in 2005. The elimination of the Bush initiatives, Republicans said, was necessary to accommodate a long list of congressional priorities, including more money for maintaining national parks, fighting disease in forests, improving Indian health services and providing more funds to fight forest fires in the West. In a blistering speech, the committee's ranking Democrat, Rep. David R. Obey (Wis.), said the panel's denial of a lengthy list of pet administration projects was a lesson in "reality." He suggested that the administration knew when it announced the initiatives that funding would not be available. The writing of the spending bills this year has been complicated by the inability of the Republican-controlled House and Senate to reach final agreement on a budget. The House set an $821 billion limit on the 13 appropriations bills, $1.6 billion less than requested by the White House. Final action on the allotment for the spending bills has been thwarted in the Senate by delays in final action on the 2005 budget. After years of increases for education, basic scientific research, health research, land conservation and other priorities, domestic spending is now being squeezed by the explosive growth of spending on defense and homeland security. The House Appropriations Committee agreed this week to a $25 billion increase for the Defense Department in the new budget, not including another $25 billion that the administration is seeking to fight the war in Iraq. The Pentagon alone will claim nearly half of all the funds available for the 13 bills. Increases are also slated for homeland security, foreign aid and military construction, but most domestic programs would be held close to or below their current levels. "The austere funding levels will make it challenging to move bills through the legislative process this year," House Appropriations Committee Chairman C.W. Bill Young (R-Fla.) said. The natural resources, Interior Department and arts bill voted on yesterday reflects those spending pressures. Land conservation programs would be cut from $1.2 billion to $900 million, but there would be a small increase for operating national parks. Funds for fighting wildfires -- a top priority of both parties -- is increased by nearly 10 percent, to $2.6 billion, and $1 billion is set aside in 2004 and 2005 in an emergency fund for firefighting. Faced with the need to fund such priorities, Republicans decided to reject virtually all major Bush administration initiatives, including several programs for the arts that received wide coverage when they were announced earlier this year. The $18 million request for the "American Masterpieces: Three Centuries of Artistic Genius" program had been announced by Laura Bush. Funds would be used by the National Endowment for the Arts to send top American orchestras, musical ensembles, theater groups and collections of paintings to communities and military bases around the country. An NEA spokeswoman, Felicia Knight, said that despite "disappointment" over the results of the markup yesterday, the administration hoped the funding could yet be obtained by amending the natural resources bill as it moves through Congress. Copyright c. 2004 The Washington Post Company. --------- "RE: Indian deaths and racism in S.D." --------- Date: Fri, 4 June 2004 09:19:09 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CIVIL RIGHTS COMMISSION" http://www.lakotajournal.com/ Volume 5 * Issue 24 * June 4 - 11, 2004 * ONLINE EDITION Indian deaths and racism in S.D. Part three: The U.S. Commission on Civil Rights report By Serenity J. Banks Lakota Journal Managing Editor (Editor's note: This is the third part in a series focusing on the history of Rapid Creek, detailing the rise of allegations of law enforcement injustices against the Indian communities in South Dakota, and revealing what is being done today.) RAPID CITY - After the series of deaths in South Dakota, one group of people did come to Rapid City to hear what Indian people had to say about the way they were being treated. In March 2000, the U.S. Commission on Civil Rights released a report called "Native Americans in South Dakota: An Erosion of Confidence in the Justice System." The report was the result of a study done by South Dakota Advisory Committee members concerning the allegations and attitudes among South Dakota Indians that law enforcement personnel are biased or racist against Native people. "I have not been in an area where the divide and the suspicion between racial groups is as great as it is in South Dakota," Cruz Reynoso, chairman of the Commission, said following the release of the report. Marc Feinstein, chairman of the advisory committee said, "There is a widespread perception that there is a dual system of justice-one for whites and another for Indians." The advisory committee held a public forum in Rapid City on Dec. 6, 1999 and through testimony noted AIM's allegations against the FBI (which were later disproved), the string of deaths in Rapid Creek, as well as those in other South Dakota communities, and various reports of police injustice against Indian people. This wasn't the first time the Commission took an interest in South Dakota Indians. In 1975 and 1976, hearings were held as part of a fact- finding mission to study race relations in the state. Reports released in 1977 and 1981 revealed concerns that apparently didn't go away over time. "It is both remarkable and disconcerting that many of the concerns brought before the Commission in the 1970s were the same ones heard more than 20 years later in Rapid City," the 2000 report stated. The committee's report also made recommendations for improving the relations between Indian people and South Dakota law enforcement. The introduction to the report reads, "By many accounts, racial tensions in South Dakota have heightened over the past year. A recent series of high-profile cases involving the unsolved deaths of several American Indians has brought tensions to the surface. Rumors of cover-ups by law enforcement, allegations of half-hearted or nonexistent investigations, and seemingly disparate jail sentences have spurred protests through American Indian communities and further strained already tenuous white- Indian relations." Further, the introduction to the report explains that the forum was "precipitated by a series of American Indian deaths in Rapid City, Pine Ridge, Mobridge, and Sisseton, all of which have garnered much media attention and deepened the perception of inequality" and commented, "That eight people could accidentally fall into [Rapid Creek] is greeted by skepticism from many." The advisory committee's report also included a brief explanation of the history of many events occurring between whites and Indians in South Dakota as a way to illuminate the long-standing racial issues that are still recalled today. For example, the report discusses the 71-day Occupation at Wounded Knee in 1973 and the 1975 shoot-out between FBI agents and Oglala men-an incident for which Leonard Peltier is currently serving consecutive life sentences. "It is very apparent to this Committee that some members of the American Indian community have the perception that racism and selectivity exists in the Rapid City Police Department," the introduction sums up. "However, from the examination of formal complaint files and circumstances surrounding certain arrests spoken about at the public hearing, it is also apparent that the accusations of prejudice against the Rapid City Police Department are not supported by fact." One of the people who spoke on behalf of Rapid City Indians was Charles Abourezk of the Abourezk Law Firm, which has an extensive history of advocating Native issues. Abourezk, who was involved with a lawsuit in the case of Robert Many Horses, told the committee that "acts of racial violence are as much a part of South Dakota's history as they are for the South." Referring to the 1998 dragging death of a black man in Texas, Abourezk said, "Our James Byrds often appear with little notice here in our region, and their killers often get probation rather than the death penalty or do not get charged at all." He also said that when Indians respond publicly to deaths of other Indians, it is they "who appear excitable and prone to exaggeration while the rest of society looks on with calm reasonableness as if they are disconnected from it all." Kerry Cameron, the Roberts County State's Attorney for more than a quarter century, worked on the investigation of Red Day's death. He expressed his unhappiness over the Indian communities' attitude toward law enforcement by saying that over the four months of investigation, Red Day's mother Peggy became unsatisfied with his work because "we weren't finding that anyone had intentionally killed her son." He also said, "I suspect that alcohol or drugs are responsible for most of the deaths that we're discussing here today. I think that we should stop bickering among ourselves and work together to do everything we can to eliminate the drug and alcohol problems in our community." Dale Ecoffey, who has more than 15 years of law enforcement experience, said Indian people "are often subject to unfair treatment in decisions to prosecute when the Indian is either a victim or subject in a case. Often there appears to be disparity in sentencing between Indian and non-Indian defendants." Thomas Hennies, who was a Rapid City police officer for 35 years and is now a South Dakota State Representative, told the committee, "I personally know that there is racism and there is discrimination and there are prejudices among all people and that they're apparent in law enforcement. When I first became a policeman here, if you found a drunk Indian downtown, you'd put him in a garbage can. And when he got out, he was sober enough to leave, and that's just the way things were. I can tell you if those things do occur, and I'm not so naive as to say never, but if they do occur, they will be dealt with because we are trying to make a difference." An enrolled member of the Cheyenne River Sioux Tribe, Elaine Holy Eagle is a Rapid City resident who has lived here for more than 40 years. She questioned why more people were not outraged over the deaths at Rapid Creek. "Is it because people are conditioned to believe it's okay if an Indian person is killed?" she asked. "Every time, they say our people died of natural causes, but when they are identified by family members, they are beaten," Tom Poor Bear said. Peggy Red Day also spoke to the committee. "In my opinion, the message the courts are sending to our community is that it's okay to kill someone as long as it is an Indian in this county and state. Why did my son have to die because this white boy seems to have the right to drive around drunk?" Mark White Bull talked about the FBI involvement in the cases. "Initially, we felt relieved that the FBI was going to come in," he said. But he said that feeling changed when it was understood that "the FBI investigation was not in the spirit of determining that there was any wrongdoing. The FBI has absolutely no credibility with the Native American community." Charmaine White Face, a writer and coordinator of Defenders of the Black Hills, told the committee, "It is deplorable that there had to be so many deaths before these hearings were held. The Civil Rights Commission needs to know the history of this area, which will help, in part, to explain the reasons for the racism in this part of the country with the subsequent prejudice, discrimination, and hate crimes coming from that racism." Others, like Robert Milo Yellow Hair, expressed concern that the forum would not make a difference. "We don't want you to go away and we don't hear from you again," he said. "I don't want to be sitting here 26 years from today asking for justice again." The advisory committee's report ended with main conclusions such as the following: "Many Native Americans in South Dakota have little or no confidence in the criminal justice system and believe that the administration of justice at the federal and state levels is permeated by racism; the FBI in Indian Country confronts significant problems resulting from lack of confidence by Native Americans in this agency, born of years of conflict, controversy, and bitter emotional confrontations; victims of discrimination often find it difficult to secure legal representation; for the most part, Native Americans are very much separate and unequal members of society. Therefore, it is not surprising that they are underrepresented in terms of economic status and over-represented in the population of the state's jails, juvenile facilities, and prisons." In conclusion, the report states, "Despair is not too strong a word to characterize the emotional feelings of many Native Americans who believe they live in a hostile environment." Mary Frances Berry, chairwoman of the U.S. Commission on Civil Rights, promised that this report would not sit idle, and declared that times had already changed for Indians. "Objectively, there has been some change," she said. "Twenty-five years ago, people wouldn't have cared that eight men fell into a creek and died. Now we have three agencies forming a task force to investigate." Copyright c. 2003 Lakota Journal. --------- "RE: Appeals Court shoots down Makah whaling Case" --------- Date: Tue, 8 June 2004 08:16:39 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MAKAH WHALE HUNT HELD BACK" http://64.62.196.98/News/2004/002833.asp (temporary IP for Indianz.Com) Appeals court shoots down Makah whaling case Tuesday, June 8, 2004 A federal appeals court on Monday refused to reconsider its decision against the Makah Nation's controversial whale hunt. The tribe and the Bush administration had asked the 9th Circuit Court of Appeals to rehear the case. But the request was rejected in an order that sets up a potential appeal to the U.S. Supreme Court. The parties have 90 days to consider their next move. In the meantime, the tribe won't be allowed to exercise its rights under the 1855 Treaty of Neah Bay. The tribe is the only one in the United States with a treaty right to hunt whales. The practice was suspended in the early 1900s due to worldwide exploitation of the gray whale that nearly drove the species into extinction. The animal's numbers rebounded, leading to its removal from the endangered species list. The tribe then sought permission to restart its hunt and, after considerable debate, took its first whale in more than 70 years in May 1999. From the start, animal-rights activists opposed the hunt and launched a series of legal challenges against the National Marine Fisheries Service, an agency of the Department of Commerce that took the lead in the matter. Up until December 2002, though, opponents had only succeeded in delaying the hunt. That was when the a three-judge panel of the 9th Circuit ordered the NMFS to prepare a full environmental impact statement on the hunt. "Having reviewed the environmental assessment prepared by the government agencies and the administrative record, we conclude that there are substantial wrote questions remaining as to whether the tribe's whaling plans will have a significant effect on the environment," wrote Judge Marsha S. Berzon for the majority. The decision also shifted the landscape against the tribe in another way. The court, for the first time, said the tribe's treaty right has been limited by the Marine Mammal Protection Act (MMPA), a 1972 law designed to protect species like the gray whale. "The tribe has no unrestricted treaty right to pursue whaling in the face of the MMPA," Judge Ronald M. Gould wrote in another part of the opinion. Whale hunt opponents cheered this new line of reasoning but the tribe saw it as a near abrogation of the treaty. Several Washington tribes thought so too and supported the tribe in its bid for reconsideration. The request for a rehearing that was denied yesterday was also accompanied by a motion to have the December 2002 ruling declared moot. Government lawyers cited a one-whale quota issued to the tribe that had expired by the time of the ruling. The judges who wrote the opinion disagreed and said the expiration of the quota "was nothing more than the government's voluntary cessation of challenged conduct." An appeal to the Supreme Court isn't the only option available. The tribe and the government can issue yet another environmental review and seek public comments on the hunt. While animal-rights activists have been vocal in their opposition, the tribe has it share of supporters, in Indian Country and beyond. Copyright c. 2000-2004 Indianz.Com. --------- "RE: Senator calls for U.S. Government to apologize" --------- Date: Mon, 7 June 2004 08:41:12 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="APOLOGY CALLED FOR" http://www.owlstar.com/dailyheadlines.htm http://www.macon.com/mld/macon/news/nation/8859340.htm Senator calls for U.S. government to apologize to Native tribes BY SCOTT CANON Knight Ridder Newspapers June 7, 2004 KANSAS CITY, Mo. - (KRT) - After centuries of deal-breaking, land-taking and what many tribes consider genocide, some Washington politicians want the government to offer American Indians an apology. U.S. Sen. Sam Brownback, a Kansas Republican, has sponsored a resolution apologizing "to all Native Peoples on behalf of the United States" as a way to smooth the often-rocky relations between the two. "(But) before reconciliation," Brownback said in remarks entered in the Congressional Record, "there must be recognition and repentance." To that end, his resolution lists a few reasons for an apology - things like the deadly Trail of Tears march of Cherokee from North Carolina to Oklahoma - and mentions broader federal policies, now seen as racist, that killed people and shattered cultures. Finally, the resolution closes with a disclaimer: "Nothing in this Joint Resolution authorizes any claim against the United States or serves as a settlement of any claim against the United States." A sampling of tribal groups greeted the gesture warmly, but they didn't view it as a salve to thousands of ongoing disputes between Washington and the hundreds of tribes in the country. "We appreciate it. ... It's a recognition of the issue, of the past injustices," said Steve Cadue, tribal chairman of the Kickapoo in Kansas. But others note an array of ongoing disputes over land, water and money. The Indian groups point out that an apology underlined with a disclaimer doesn't help resolve those disagreements. "An apology is just where you start," said Deana Jackson, a spokeswoman for the Navajo Nation. "Now let's see you step to the plate and do what you promised you would do." She cited recent funding cuts to the Bureau of Indian Affairs and the Indian Health Service, saying they essentially amounted to an abandonment of treaty obligations to provide for tribes' needs in return for concessions made over generations. "Obligations to native nations are always ignored," Jackson said. Resolutions have been introduced to apologize for slavery, but have so far failed. President Clinton contemplated, but ultimately chose not to, unilaterally apologize for slavery. The government paid reparations to Japanese-Americans held in camps during World War II. And Congress has passed resolutions to study reparations for slavery, but payments remain highly controversial. Brownback timed the introduction of his resolution, which encourages the president to join in apologizing, to coincide with the September opening of the Smithsonian Institution's National Museum of the American Indian. The resolution's co-sponsors in the Senate are Democrat Daniel Inouye of Hawaii and Colorado Republican Ben Nighthorse Campbell, a member of the Northern Cheyenne Tribe and the only American Indian now serving in Congress. According to U.S. Census figures, the American Indian, Eskimo and Aleut population is about 2.3 million, about 0.9 percent of the total U.S. population. Census figures predict a gradual climb in that group's percentage of the population. Meanwhile, Republicans and Democrats have courted tribes increasingly in recent years as some - mostly those with land near densely populated areas on the coasts - have become wealthier by running casinos. The National Journal reports that the Agua Caliente of California, the Louisiana Coushattas, the Mississippi Choctaws, and the Saginaw Chippewas of Michigan pay an average of $5 million a year to Washington lobbying firms and that those tribes have spent $2.6 million over the past six years on campaign contributions. About two-thirds of those donations went to Republicans. Federal Election Commission reports for Brownback, however, show he has not received money from tribes in recent years. Rather, he has been at odds with the Wyandotte tribe, for instance, and its efforts to move graves from a Kansas City, Kan., cemetery and establish a casino there. Brownback has said he has been surprised by the anger he encountered while visiting Indian reservations in Kansas. In offering his resolution, he said he hoped for healing after "choices our government sometimes made to disregard its solemn word." The apology "begins the effort of reconciliation by recognizing past wrongs and repenting for them," Brownback said. Dennis Hastings, a member of the Omaha tribe from Macy, Neb., found the idea of an apology odd and inadequate. "In a way, you look at it as nice. But it's a little late and too far gone," said Hastings, an anthropologist with Omaha Tribal Historical Research Project. "We want to resolve the issues before they put their sorry on the board. ... I'd rather have them go home and read about our history and have their children read about our history, and then come and talk with us about it with a little meaning." Instead, said historian Fergus Bordewich, the resolution treats the complex clash between American Indians and the federal government in only the broadest of terms. Almost without exception, he said, 85 percent to 90 percent of most tribes died from exposure to the diseases that Europeans brought to North America. But, said the author of "Killing the White Man's Indian," that was not intentional and "no one is morally culpable for that." Some tribes suffered much more severely in their dealings with the government than others, he said. Sometimes treaties bullied tribes - that's how Hastings talks about an 1854 pact that he believes stole millions from the Omaha - and sometimes deals served the interests of both sides. "Not everything happened in the same way in every place," Bordewich said. "It's a very tragic history however you measure it. The government has a lot to be sorry about. But a blanket apology doesn't really recognize the complexity." Still, tribes and their advocates tend to welcome an apology as at least recognition of the damage done to Indian welfare and culture. "These weren't just random or ad hoc actions of bad white people. These were the official actions of the United States government," said Susan Harjo, who belongs to the Cheyenne and Muscogee and is president of the Morning Star Institute, a tribal advocacy group. "It's perfectly in order to apologize." She sees Brownback as sincere. "There's no percentage in him doing this. It's not something he's going to get great kudos for in his usual circles, " she said. But Harjo said acts of good faith should follow - forcing the return of Indian burial remains from museums, for instance. Even then, "no living native person has the right to accept" the apology, she said. "It's too big," she said. "Too much was done for too long, and too many people suffered." ---- Copyright c. 2004, The Kansas City Star. Visit The Star Web edition on the World Wide Web at http://www.kcstar.com Distributed by Knight Ridder/Tribune Information Services. --------- "RE: Spilled Blood, Spilled Ink" --------- Date: Wed, 2 June 2004 08:49:24 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="REZ ARTICLES" http://www.owlstar.com/dailyheadlines.htm http://www.citypages.com/databank/25/1226/article12162.asp Spilled Blood, Spilled Ink What happens when a big-city newspaper opens a small town's wounds? by Mike Mosedale June 2, 2004 In late November 2002, Larry Oakes, a longtime reporter for the Star Tribune, returned to his boyhood home in the northern Minnesota village of Cass Lake. The occasion for his homecoming was not a happy one. Oakes had been assigned to cover one of the more appalling crimes in the state's recent history, the bludgeoning death of a legally blind, 48-year-old albino man named Louie Bisson on a downtown Cass Lake street. While the police had arrested four teenage boys in connection with the killing - all enrolled members of the Leech Lake Band of Ojibwe - no one seemed to know why they committed the crime. Yes, they were troubled kids; yes, they were drunk and high on drugs. Yet that didn't strike Oakes as a complete or satisfying explanation. After all, a lot of kids get drunk and stoned. Very few commit murder without provocation. After an early round of reporting, Oakes realized that he had something more on his hands than a run-of-the-mill crime story. The Bisson murder, he discovered, was just the latest in a disturbing string of crimes and premature deaths involving youth from the Leech Lake Reservation. In less than half a year, there had been four homicides involving reservation youth as either perpetrators or victims. With a population of 860 people, Cass Lake seemed to be at the epicenter of much of the violence. Originally a lumber and railroad town, Cass Lake has long had a reputation as a tough place. In the 1930s, Harold Ickes, the secretary of the interior under FDR, reputedly declared the community one of the two "darkest" spots in the nation. As a white student at Cass Lake High School in the 1970s, Oakes remembered episodes of violence; he was aware of acute social problems that some of his Indian classmates lived with. But it seemed clear to Oakes that there had been a fundamental change. The violence now was more nihilistic, more excessive. "The fights we had back then ended when someone quit or was on the ground," Oakes recalls. "There was a basic taboo against taking life that everyone seemed to recognize." So Oakes wrote up a proposal to his editors for a long-term project in which he would examine the causes of the reservation's youth crisis. After getting the green light, he and Strib photographer Jerry Holt rented a house outside of town and immersed themselves in the community for six months. The end result: a 20,000-word, three-day series that provided an unflinching and intimate look at the Leech Lake Reservation. Concluding that the reservation had become "among the worst places in Minnesota to grow up," Oakes chronicled several of the more notorious crimes in excruciating detail. The harrowing opening installment of the series focused on a 14-year-old Cass Lake boy who murdered his father and then attempted to kill his girlfriend's foster parents. In a jailhouse interview, the boy related how he rehearsed by beating a dog to death with a baseball bat. The sound of the bat cracking the dog's skull, he told Oakes, resembled the sound of a person biting down a cracker. At that moment, Oakes knew he was "going further outside the envelope than I'd ever gone before." In the course of his research, Oakes hung out with other troubled teens from the town's notorious housing project, a place called Tract 33. He also examined what he thought were some of the root causes of the problems on the reservation: loss of land and culture, widespread use of alcohol and drugs by children, endemic poverty, and a rise in single-parent families. Published in late April, "The Lost Youth of Leech Lake" was the sort of journalistic enterprise that wins newspapers awards, and a crowning moment in Oakes's career as a reporter. In the Cass Lake area, the response to the series was passionate and intense. Over 6,000 reprints of the series were distributed, and scads of past and present Cass Lake residents were inspired to write letters to the Strib and the local newspaper, the Cass Lake Times. Some of it was predictable. A local realtor complained that the Strib had exaggerated the reservation's problems - and, in typical realtor form, fretted that the series might depress the burgeoning lake-country area property market. Several students at Cass Lake High School chastised the Strib for not emphasizing their stories of success. American Indian Movement founder (and Leech Lake member) Dennis Banks organized an event called the "We Are Not All on Drugs Walk"; the aim was to provide some contrast to the bleak picture that emerged from the series. Meanwhile, several tribal leaders responded by saying that the problems depicted in the stories represented the generic problems of contemporary American youth. You could find similar violence in Minneapolis or on other reservations, they said, why pick on Cass Lake? Within a matter of weeks, the tribal government announced that it would host a special, two-day forum in the bingo hall in the local casino, the Palace. Fliers distributed all over Cass Lake declared "We are not LOST" and promised to counter "the perceptions" raised by the articles. Oakes, who had already received more than 200 e-mails in response to his stories, was concerned. "When I first heard the title of the event, I was disappointed, " he says now. "It sounded like it was going to be a public relations thing. It was like they were saying, 'We have a branding problem,' not 'We have a youth problem.'" But Oakes was in for a surprise. While the forum was launched with the idea that it would serve as a retort to the series' central thesis - that something had gone horribly wrong in the lives of many youth on the reservation - it morphed into something very different: a ritual of catharsis and resolve in which speaker after speaker relayed their own personal stories, insights, and recommendations. Some people wept as they spoke. Others were frankly confessional. One woman described how her daughter was involved in the robbery and murder of a tourist from the Twin Cities. "A lot of us mothers and grandmothers have lost children," she said plainly. "We've got to quit hiding. We've got to deal with it." Many of the people who were initially offended by the series said they reconsidered their responses. "After I looked at the paper and read the first few paragraphs, I recoiled and I thought, 'Oh boy, here we go.' I had to set it down," observes Bob Shimek, an Ojibwe man who has spent most of his life living on three reservations in northern Minnesota, including Leech Lake. "I had to do a lot of major mental shifting to pick it up again. But this is a real part of our history. The good, the bad, the ugly, and we have to own it. It was about frickin' time someone wrote this story." Shimek wasn't alone in his about-face. After the series appeared, Oakes says, he was confronted by a woman who worked in the administrative offices of the tribal government. "She said, 'This is really painful for a lot of people. How could you do this?'" Oakes recalls. "Today, she was talking about how much good she thinks the stories were going to do. It just took time for the feelings to settle down, and for people to see the potential for good." For Oakes, the response on the reservation - and the forum - exceeded his fondest wishes. "This has been incredibly powerful and gratifying," he says. "It's what I hoped for in my wildest dream - that people would be moved to where they would want to do something." Copyright c. 2004 City Pages Media, Inc. --------- "RE: Sovereignty Symposium contains scary Messages" --------- Date: Mon, 7 June 2004 08:41:12 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ERODING POWER" http://www.owlstar.com/dailyheadlines.htm http://www.nativetimes.com/index.asp?action=displayarticle&article_id=4539 Sovereignty Symposium contains scary messages Tribes warned about eroding power OKLAHOMA CITY OK Sam Lewin June 4, 2004 The 17th annual Sovereignty Symposium wrapped up in Oklahoma City Thursday, with discussions on issues ranging from the state's tribal gaming compact to everything in between. Organizers of the two-day event say the themes of the conference have evolved in the decade and a half since it was established as a sister event to the Red Earth Festival. "We are moving in a very interesting direction with regard to sophisticated business practices and tribal sovereignty. There is a great emphasis on commercial interests among the tribes. Each year we see more commercially oriented law programs," said Sovereignty Symposium Executive Coordinator Julie Rorie. Some 400 people attended the myriad of workshops offered on the second day of the event. In a panel discussion focusing on Indian law and the Internet, University of Minnesota Law School professor Joan Howland dissected a case that would have been unheard of ten years ago. A pueblo in the Southwest had their sacred Corn Dance secretly videotaped. The footage made its way to the Internet, enraging the tribe. "It was inappropriate for it to be out there-yet the pueblo have no control over the fact that it is out there. Those are the type of things that can be problematic," Howland said. "There is no effective legal remedy for the tribe. Our copyright law in the United States in based on traditional Anglo values. If I make a movie I can get a copyright, if I write a book I can get a copyright. But for a dance that has been around for generations-its hard to get a copyright." The emerging message from the symposium is that a chill wind is blowing on tribal rights, and it descends from none other than the highest court in the country. "The current Supreme Court we have, I would not want to call it hostile to Indian law, but it has other priorities. You look at what the Supreme Court is doing, they are putting an emphasis on state's rights and federal rights at the expense of tribal law. You don't know what's going to happen next," said Oklahoma Indian Legal Services Managing Attorney Steve Hager. Chickasaw Attorney Jess Green of Ada issued a similar warning about tribal sovereignty, saying the process is cyclical and that tribes are currently in a downswing. Green's comments came during a panel addressing Indian gaming. For Oklahoma tribes, the gaming compact has caused seep tension, pitting tribe against tribe. "I had better not say anything. I might get into trouble," Alabama Quassarte Tribal Town Chief Tarpie Yargee said in refusing to comment. "They basically have a bill that will give some agreement and progress about the games that we play and it will cost us six percent of the revenues after we pay our prizes out. Is that a good compact? Is that a bad compact? I can tell you one thing. It was not contemplated by the Indian Gaming Regulatory Act because it was not a negotiated compact," Green said. Native American Times is Copyright c. 2004 Oklahoma Indian Times, Inc. --------- "RE: Ruling roils Waters in Tulalip Tidelands dispute" --------- Date: Wed, 2 June 2004 08:49:24 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TULALIP TIDELANDS" http://www.owlstar.com/dailyheadlines.htm http://seattletimes.nwsource.com/~/2001944579_shorelines02n.html Ruling roils waters in Tulalip tidelands dispute By Emily Heffter Times Snohomish County bureau June 2, 2004 A dispute over who owns the tidelands on the Tulalip Reservation has washed up in front of Frederick Ruehr's cabin. Ruehr sued the tribes late last year when they wouldn't give him a permit to repair his cabin. A judge's decision in Ruehr's favor has bolstered the efforts of a community group fighting the tribes' proposed shoreline regulations, which would require landowners on the reservation to make fee and lease payments to the tribes for property in front of their privately owned waterfront homes. Nontribal property owners believe they own the tidelands, while the Tulalip Tribes believe the land is under their control. In April, Tulalip tribal Judge Thomas Weissmuller ordered the tribes to give Ruehr a permit to repair the piling that supports his cabin and deck. The Tulalip Tribes said they will appeal. More importantly to the nontribal group, the judge said he couldn't determine whether the tribes have jurisdiction over the tidelands. Weissmuller left that decision to a federal court, but members of the Tulalip Community Association say the fact a tribal judge called it into question is a victory for them. "I think that's a very important statement by a tribal judge, that even he isn't sure," said Tom Mitchell, the president of the association. The association was formed last September after the Tulalip Planning Commission began to consider changing the way the tribes regulate the reservation's shorelines. The proposed regulations would restrict development on tidelands and allow the tribes to charge rent for homeowners' buoys, piers and decks. The group has about 500 members and significant political clout on the reservation, where nontribal members own about 40 percent of the land, including most of the waterfront property. A founding board member of the group, Priest Point resident Kim Halvorson, recently filed to run for office against state Rep. John McCoy, a Tulalip. In addition to the shorelines issue, the community association is poised to challenge a 1 percent excise tax the tribes charge every time property changes hands on the reservation. The association's California attorney, Mitch Mitchell, said the tribes' taxing authority is very limited. "I don't see anything in any tribal or in any federal documents that says the tribe can collect this 1 percent excise tax," he said. Though the community association is more focused on the tidelands policy right now, Mitchell said the excise tax shows the same "expansive view" of tribal sovereignty that concerns association members. Jeff Likes did his own research on the Internet before deciding not to pay the tax when he bought his house last month at Mission Beach. So far, he hasn't heard anything from the tribes, and he and his family are moving this week from Kentucky. The tax on his $430,000 property would have been $4,300. "I don't feel basically that it's a legal tax," he said. Dwight Bickel, an attorney for Likes' escrow company, Transnation Title Insurance, said the company informs buyers about the tribal tax but doesn't weigh in on whether it is legal. "I'd be quite comfortable with an individual choosing not" to pay it, he said. The tribes began levying the tax in 1987 to pay for street lamps, natural-resource protection, road maintenance and other services. The tribes haven't made a big deal about the tax so far, but that doesn't mean they're ready to back down, tribal Chairman Stan Jones said. "It's not a total priority, but we will go after it," he said. Mitchell believes Ruehr's case is the reason the tribes have not discussed the shoreline regulations in months. After a series of public hearings last winter, the regulations have not been discussed publicly by the Planning Commission. "The only thing we can read into that is that there's a hold on it, and I can only assume that's because their own judge said they might not control the tidelands," Mitchell said. Jones said there isn't any question about the tribes owning the tidelands. "The reservation is set aside for the tribes," he said. "We have not sold them any tidelands." Ruehr and the tribes have met, but they have not reached a settlement. The tribes have not issued him a permit for his cabin repairs, which are half-completed. Both parties say they will appeal to federal court. "This case does sort of get out the heart of this issue," said Mitchell, the community-association president. "The ultimate outcome could affect everybody." Emily Heffter: 425-783-0624 or eheffter@seattletimes.com Copyright c. 2004 The Seattle Times Company. --------- "RE: Healing Participants complete 360-mile Walk" --------- Date: Fri, 4 June 2004 09:19:09 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HEALING WALK" http://www.owlstar.com/dailyheadlines.htm http://www.navajotimes.com/20050306/News/walking.html 'Healing' participants complete 360-mile walk By Jan-Mikael Patterson The Navajo Times June 3, 2004 WINDOW ROCK - The "Walking the Healing Path with the Voices of the Native People" ended at the state capitol in Phoenix on May 26. Nine walkers finished the 360-mile hike that began May 10 at Veteran's Memorial Park. About 32 to 25 walkers began the journey and nine ended the walk by marching to a press conference at the state capitol. John Tsosie organized the walk to raise awareness of domestic violence, substance abuse, and child and elderly abuse and to improve services at the tribal and state level. Tsosie openly admits he is a victim and perpetrator of domestic violence. Willie Holtsoi, 49, press foreman at the Navajo Times, joined the walk because his family is raising a close family member's three children. "For me it was mainly for my little girl," he said about participating. "I call her my little girl because I've been taking care of her since she was three weeks old. Her mother has a sickness and we're hoping that she gets better." The oldest is a sophomore at Window Rock High School and the other is a sixth grader at Tse Ho Tso Middle School. Holtsoi's "little girl" will be three years old in July. "It was really overwhelming to reach my goal that I have been working so hard to reach," Tsosie said. "I was really emotional deep down inside. It was something I have been thinking about for a whole year now - can I make the walk?" "It was about getting our message across to the leaders," he said. "It was amazing how everything came together." Tsosie's experience with domestic violence goes back to his childhood. "When I was a child it was really scary," he said. "There were times I was very afraid to be at home. There were times I was really afraid when my father comes home. I remember just wanting to leave a lot of the times, you know, and as a child you can't do it. "I know that my children experience that level of fear," he said. Tsosie admitted striking his fiance'e in anger. He said parties became a bad habit and arguments and fights erupted each time. His children are victims of domestic violence, he said. "They knew something was going to happen," he said. "Even the eldest one, he knew when something bad was going to happen." Tsosie's father, Ernie Tsosie Jr, was violent when he was drinking. "He always tells his story about that day when he was alone," Tsosie said, "My mother and I had left. He came home and nobody was around. He asked himself, Why is he doing this? "At that moment he fell to his knees and asked for help from God," Tsosie said. "Since then he has not drank in 25 years. He really believes in spirituality and faith." Tsosie was arrested after his fiance'e called police for help. "I was alone for a month and a half," Tsosie said. "Only being able to see my son for a day it was hard. Those times really hurt me. I asked God for a better life and family to come back to me." Tsosie promised he would do what he could to help people overcome their problems. The walk was a chance for people to heal. He said people approached him about their personal stories as they walked through different communities. "Someone told me that I had paved the way for him," he said. "Hearing those type of things was amazing. There were so many people too that opened up to us and shared what they had gone through. "Once the wound is exposed the healing process takes place," he said. "If we touch one individual out there than we helped make change. If people really want to stop, they can. Right now the best thing in my life is having my kids back with me." On a daily average the walkers covered 23 miles. The level of participation was a little disappointing for Holtsoi. He said people said they would join up later but none did. "There was a lot of talking but not enough walking," Holtsoi said. "I think it could have been better," Tsosie said about people participating. "My view in that is somewhat of a disappointment. The important thing was that they were there to understand the message that I was trying to put across." Tsosie said domestic violence is an issue that neither county nor state officials are looking at closely. For that reason he is planning another walk in June 2005. "There are plans to have one from Window Rock to Santa Fe," he said. "My goal with these walks is trying to get the state, counties and tribal government to curb these issues. In my opinion we're not working together, as we should be. Even President Shirley said to me that he agrees that the counties and states are not doing enough with these issues." Since the Navajo Reservation branches into New Mexico and Arizona he plans to take the issues of domestic violence to both state capitals. The walk was more than just raising awareness. For Tsosie it was closure. "It was a closure to the book of the past," he said. "I'm walking into the future to helping people." Tsosie extends his appreciation to the Navajo Nation Community Health Representatives, Fort Defiance Outpatient Treatment Center, Shi' Heart Health Home, Sign Vision, Family Hair shop, Burley's Automotive Repair and the president's office. Copyright c. 2004 Navajo Times. --------- "RE: Tribes, Energy Industry discuss Environment" --------- Date: Thu, 3 June 2004 08:44:51 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ENVIRONMENTAL CONCERNS" http://www.pechanga.net/ http://www.newsok.com/cgi-bin/show_article?ID=1255510 Tribes, energy industry discuss concerns about environment By Adam Wilmoth The Oklahoman June 3, 2004 Thirteen Oklahoma Indian tribes are seeking a more active role in environmental regulation of tribal lands, but the state's energy leaders fear the move could lead to strict rules that could stunt economic growth. The possible increased regulatory control by tribal governments was one of the more lively topics discussed Wednesday by tribal and energy industry leaders at the 2004 Sovereignty Symposium, a conference that deals with issues affecting America's Indian tribes. State environmental regulations do not apply on tribal lands, and federal standards are also inapplicable on land owned by the Five Civilized Tribes and their members. "In absence of regulatory standards for air and water, we would exercise that authority," said Bill Anoatubby, governor of the Chickasaw Nation. "For the same reason as the state of Oklahoma, we wish to make sure the quality of air and water are what they should be within areas that are regulated." The energy industry, however, is not keen on the idea. Henry Hood, senior vice president of land and legal for Oklahoma City- based Chesapeake Energy Corp., said he can understand the tribes' point in principal. But he said tribal environmental control is unnecessary in Oklahoma because - unlike in many other states - tribes and their members generally do not own large tracts of adjacent land here. "It makes more sense if you're talking about a reservation or trust lands where you have a big block of land that is not subject to any environmental regulation," he said. "But most of the Five Tribes' land are in five acres here or 10 acres there, so there's less justification for that. Operators are going to comply with the state laws anyway because they have state lands in their 640 acre tract when they're drilling their wells." Hood said the industry fear is that tribes would set regulatory standards far above that of existing state or federal rules or that they would charge excessive fees. They also fear the state's 39 tribes could all set different regulations, he said. Anoatubby, however, said the desire is to make environmental regulation more standard, not more fragmented. "Right now, every single tribe in Oklahoma can exercise its regulatory approval even without recognition as a state and set environmental quality regulation," he said. "But with EPA recognition as a state, the EPA is not going to let you have 39 different standards. They're going to work with each tribe to help make rules more uniform and equitable within the area." Chad Smith, principal chief of the Cherokee Nation, said tribes have no reason to significantly increase regulation or fees because they want the oil and gas industry to continue drilling on Indian land and paying royalty checks to the mineral owners. "In the oil and gas industry, they want to make money. We want our tribal members who own property to make money," Smith said. "We want some security to protect the environment. I think that's important for the general public. I think the people who really are dedicated to the future of this state can sit down and figure something out." While the two sides have very different opinions on the issue, both said Wednesday a compromise is possible. "Anytime rational people sit down together at a table, they can come up with an innovative solution," Smith said. "It's only when you have self- serving folks who have a very near-sighted agenda when things don't get accomplished." Copyright c. 2004 NEWS 9|The Oklahoman, Produced by NewsOK. --------- "RE: CPN Tribal Heritage Project connects Threads" --------- Date: Tue, 1 June 2004 08:53:52 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CITIZEN POTTAWATOMIE" http://www.owlstar.com/dailyheadlines.htm http://www.news-star.com/stories/053004/New_79.shtml CPN Tribal Heritage Project connects threads of generations May 30, 2004 The handle-bar mustachioed William A. "Billy" Trousdale stares sternly out of the historical photo, taken about in 1895 holding the reins of his horse. The photo of Pottawatomie County's first elected sheriff is an ancestor of Bob Trousdale, deputy tribal administrator of the Citizen Potawatomi Nation. It's an appropriate illustration of the rich history of the 25,000-plus member Potawatomi tribe being recorded for future generations in its Tribal Heritage Project. Chairman John A. "Rocky" Barrett Jr. calls the project one of the most exciting things he has seen happen in his 30 years as a tribal elected official. "Have you ever wondered what your great-grandfather sounded like, or in some cases if you don't have a picture, what he looked like? What your great-grandmother would have had to say about her time and her history and what her life was like during that era when our people moved from Kansas down to Oklahoma," Barrett says, in the introduction of a film being shown at the tribe's nine regional tribal councils to encourage participation. "That would be a fascinating thing to have." The 42 Potawatomi families who sold their land in the late 1860s to the railroads and moved to Oklahoma, sought new lives in Indian Territory, where they hoped not to be removed once again. "We think of history as being information of the past, but today's history is really the future history of the tribe as well," says Bob Trousdale. "Our history is the community's history really, if you stop and think about it. Because the tribe was here before statehood. The tribal heritage project is reaching back in history to the ancestral families and recording that history through those 42 families." The Tribal Heritage Project will be part of the developing 30,000- square-foot Cultural Center, planned to be built north of the tribal headquarters on Gordon Cooper Drive in Shawnee. The first heritage project and pilot piece was done on the Amable and Mary Margaret Toupin family, ancestors of Bob Trousdale. Interviews were done with several family members to piece together the film, which is interspliced with historical photos and footage of the town of Trousdale, almost a ghost town now. Another project under way is that of the Navarre ancestral tribal family of Linda Capps, tribal administrator, planned to be completed soon. Several other family documentaries are already in the works. Trousdale says they try to interview as many people as possible in their travels across the country to promote the project. "There is always one or two who are the matriarch or patriarch of the family who has all that information," he says. Chuck Clark does the research that brings the projects together. The documents, photos and film are recorded digitally, followed by the writing of a script. A narrator or voice over tells the story. When they are finished, each family will have its own documentary, which can be updated and evolved as more is compiled about the family's history. A veterans' project is interrelated to the heritage project, with four veterans' interviews completed. "It is different in that it talks about one individual and their experience in war time," Trousdale says. The first veteran's piece completed featured former CPN business committee member Kenneth Peltier, who served on the USS Franklin in World War II. The new cultural center will house the tribal heritage project, a museum and meeting hall, called the "Long Room," which will seat 800 to 900 for dining or 1,000 in a theater-style configuration. It will provide state-of-the-art technical support to reach out to the eight regional offices around the country. "It will provide real time interconnectivity with all of our tribal members around the country who wish to be," says Jeremy Finch, CPN director of cultural resources. Finch says it's important for tribal members to understand that the new center won't be just " a repository for dead things." His vision is to have bilingual signage throughout the center, with Potawatomi and English on each sign. "It has everything to do with a modern, progressive, contemporary American Indian nation, which is what we pride ourselves in being," Finch says. "Do we have artifacts? Yes, we do. But we make history every day." The cultural center will also have a computer-assisted language lab and a permanent exhibit hall to display tribal treasures illustrating the unique history of the Potawatomi. "Potawatomis never had teepees," Finch says as an example. But all these projects come back to one thing. Tribe is family, says Barrett. "We hope that 100 years from now, (tribal members') grandchildren or great-grandchildren or great-great grandchildren will be able to come back and look at films of (tribal members) and see themselves," the chairman says. Barrett says that was only one of the goals of the heritage project, however. The other was to provide an understanding of tribal members connectivity with the tribe. "The tribe is about family and what this film is about is capturing characteristics of your family," Barrett says. ------ Carol Cole may be reached at carol.cole@news-star.com or 214-3927. Copyright c. 1997-2004 The Shawnee News-Star. --------- "RE: S. Dak. Indian voters stay with the Democrats" --------- Date: Thu, 3 June 2004 08:44:51 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="INDIAN VOTE" http://www.owlstar.com/dailyheadlines.htm http://www.nativetimes.com/index.asp?action=displayarticle&article_id=4526 South Dakota Indian voters stay with the Democrats Help candidate win in important election Sam Lewin June 2, 2004 South Dakota Indian voters helped elect Democrat Stephanie Herseth to the House of Representatives Tuesday despite a low voter turnout. Herseth defeated Republican Larry Diedrich by a count of 51 percent, 132,377 votes, to 49 percent, 129,396 votes, and will serve out the remaining seven months of Bill Janklow's term. Janklow left Congress following a conviction for manslaughter. Preliminary results show that Herseth won every single county with a predominately Indian population but one. Shannon County voters, for example, seriously went for Herseth, giving her a whopping 94 percent of the vote. Other counties followed suit, with Herseth receiving 84 percent in Todd County, 75 percent in Dewey County and 69 percent in Ziebach County. Diedrich took Charles Mix County by only five votes. "We appreciate the support," South Dakota Democratic Party Executive Director Jason Schulte told the Native American Times." Our friends in Indian Country responded to Stephanie's positive message and think she will be an independent voice in Congress." The Indian issue was a factor in the campaign, with both Diedrich and Herseth saying federal funds could go to better use on the state's reservations. The lower turnout for Indian voters contrasted with the race several years ago that saw Democrat Tim Johnson narrowly trump Republican John Thune. Reservation voters overwhelmingly supported Johnson in a controversial election tainted by allegations of ballot stuffing. Tuesday's turnout also does not bode well for those trying to increase Indian voter participation, which is less than ten percent in the state. Schulte says there is a major difference in the two elections. "The key difference is that this is a primary and voter turnout is significantly lower than in a general election," he said. Democrats hope that is the case in November, when Senator Tom Daschle, goes up against Thune and Herseth faces Diedrich in a rematch for a full two-year term. Native American Times is Copyright c. 2004 Oklahoma Indian Times, Inc. --------- "RE: YELLOW BIRD: Supporting our Troops, opposing War" --------- Date: Thu, 3 June 2004 08:44:51 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="YELLOW BIRD: SUPPORT TROOPS" http://www.grandforks.com/mld/~/dorreen_yellow_bird/8790240.htm DORREEN YELLOW BIRD COLUMN: Supporting our troops, opposing the war Sat, May. 29, 2004 On this Memorial Day weekend, remembering and praising the soldiers killed in wars will be sobering because we are at war - men and women are dying. When you walk through cemeteries and read markers, remember those young men and women who bravely gave their lives, but also remember lessons we should have learned from wars of the past. Are those lessons forgotten as each new generation moves into positions of command and power? World War I tallied about 53,000 Americans killed in battle, The Great War, as it is called. During World War II (The Last Great War), about 413, 00 soldiers died. The Korean War saw 39,613 Americans lose their lives. The Vietnam War, the war with the most controversy, lost us 58,169 men and women. These are totals of men and women in the military and do not include civilians or soldiers from other countries. The tally mounts to unbelievable numbers when you count all the people killed. In the current Iraq war, after just a little over a year, we have lost about 916 men and women - the number probably is higher today. It is a different kind of war. With sword raised high, we went into Afghanistan with a cry of "Remember the attacks against the World Trade Centers and the Pentagon." We set out at first to douse the fire of Osama bin Laden's holy war that resulted in the attacks against New York and Washington, D.C. Then, we moved into a war against terrorism in Iraq. Find the weapons of mass destruction that are in the hands of dictator Saddam Hussein was the administration's cry. What would happen if those weapons were used against this country? we were asked. Icy cold moved down my spine at the thought. I could visualize how awful it would be to have my life disrupted with the terror war - my life and the lives of my family threatened. War in this country would change that peaceful life on the reservation. The threat of WMD coming into this country - Sept. 11 proved that was possible - would be a nightmare. Then, I remembered the film clips from national news showing people in the Middle East who were in the way of the war - common people like my family, I'm sure; people who were looking for that same peace in their land. I was horrified also at the abuse of prisoners committed in the Iraqi prisons by our own soldiers. I hardly could believe that our military system would let something this atrocious abuse get by them. Don't mistake my comment on the war in Iraq as disloyalty to the men and women in the military. There are those who equate dissatisfaction with the war as disloyalty to our troops. Don't make that mistake. I am well aware there are soldiers, and a higher number of Native American soldiers, who are in Iraq and bravely standing their ground in this war where they are not sure who the enemy is or who they liberated. There is a difference between the administration decision to go to war and the decision of men and women who are called to follow their leader. This leader - the president - has made poor decisions, in my view, and jumped to conclusions before the facts. As a result, we are in a war that may be more unforgettable than any other war in our history. So, on this Memorial Day, I will remember my father, brothers, uncles, friends and relatives who have died or spent time fighting in a war. I will say a prayer of thanks for their brave deeds and place a flower on their final resting place. I also will ask them to pray for us. We may have let loose dogs of war that can't be tamed until a terrible price is paid. ----- Yellow Bird writes columns Tuesday and Saturday. Reach her at by phone at 780-1228 or (800) 477-6572, extension 228 or dyellowbird@gfherald.com. Copyright c. 2004 Grand Forks Herald/Grand Forks, ND. --------- "RE: Tribal Games teach Respect, Tradition" --------- Date: Thu, 3 June 2004 08:44:51 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TRIBAL GAMES" http://www.owlstar.com/dailyheadlines.htm http://www.tribnet.com/news/local/story/5150547p-5082792c.html Tribal games teach respect, tradition MARTHA MODEEN; The News Tribune June 3, 2004 On a sunlit play field at Chief Leschi School, two grade-school boys lined up to race down field on a recent day. This was no ordinary foot race. This was "run and yell," a game popular among the Blackfoot Nation of American Indians from the northern Plains region. The goal is to run as far as you can while yelling as long as you can. Whoever runs the farthest wins. In a split second, the boys jetted down field, shouting "aahhhh" until their voices disappeared into the wind. "When you get to the end, you can't breathe," said Emmanuel Blue, 11, later nicknamed "Iron Lung" for his ability to run and yell long distances. This spring, students at Puyallup's Chief Leschi School got to learn authentic tribal games played by American Indian tribes and Eskimos. It's about more than fun and exercise. The program teaches cultural lessons and respect for tribal traditions, an important consideration, given the 92 tribes represented at the school. "I try to emphasize how they have to work together," said instructor Angelo Baca. "Physical movement is vital, as natives have always been traditionally healthy, and I hope that they continue to be active and not a statistic of bad health, as they are often portrayed." At the center of the program is 24-year-old Baca, a Navajo, University of Washington graduate, former Puyallup High School athlete and a national cross-country champion and All-American runner. "Legend has it that runners could run and yell for a half a mile. I'd like to see it," Baca said, disappearing down field, his long, jet-black hair streaming into the wind. Funded by a three-year federal grant, Chief Leschi's 21st Century After- School program is ending this year. The school is hoping to replicate the program next year. "We are looking for the funding," said Sunny Anderson, 21st Century program manager. The program is structured so that students from first through sixth grades meet after school Mondays through Thursdays. This semester, 290 students enrolled. At 3:15 p.m. they met in the cafeteria, had a snack such as cereal and milk, studied for half an hour and then gravitated to the play field. "They chomp at the bit from 3:45 p.m. to 4 p.m.," Anderson said. The program quickly became an important component at school. Recess time in recent years has shrunk at Leschi as academic programs have been added, Anderson said, leaving children less time for physical education. "These kids have never had so much physical interaction," Baca said. Baca joined the program this spring, walking into the school's office with his re'sume' in hand. Anderson read online news clips of his nationally ranked running status and promptly hired him. (Baca last fall won the National Junior College Athletic Association's Division III cross-country championship. He's also a national champion in the steeplechase and 5,000-meter races and an All-American runner in the 5,000- and 10,000-meter races.) Baca speaks of running, an important part of Navajo culture, as "sacred." Under Baca's guidance, students learned to play shinny, a game in which players on opposing teams take sticks found in the woods to hit an oval- shaped leather ball filled with fur, feathers or some other sort of stuffing. Players hit the ball down field into goals, while opposing players try to move the ball in the other direction. (The game is called shinny because players can get whacked in the shin, Baca explained, something students quickly learn for themselves.) Students also learned about stick ball, an Iroquois precursor to baseball; Athabaskan football, an Eskimo game played by whole villages; and lacrosse, another game popular among the Iroquois. Students practiced physical stunts like an Eskimo seal hop to increase their agility. (Try this only with healthy knees: Jump from a kneeling position to a standing position, as if ready to spear seals). Students also participated in variations on relays or ordinary recess games, such as caterpillar relays, crawling through legs of players. Students studied a Northwest tribal game some call "dizzy izzy," in which players balance their head atop a stick leaning against the ground, circle around it and race back to slap the hand of a teammate. The object is to run while dizzy. For some games, Baca sought permission and guidance from the tribe of origin before teaching them. There's an old-fashioned quality to the games Baca taught students. They emphasize teamwork, hard play and inventiveness, rather than gadgets or complex rules. When students got whacked by sticks playing shinny, they shook it off. One student, hit in the face with a stick, walked with Baca for a moment to regain his breath and then returned to play. "That's good no one's seriously hurt," Baca said, adding, "It'll toughen them up." Baca reflected on his own childhood play. "We'd just get trashed playing games," he said. While the school searches for money to continue the program next year, Baca is getting ready for graduate school. Someone else will have to teach the traditional games. Baca hopes children will remember their spring on Leschi's field. "They will remember the fun they had," he said. Martha Modeen: 253-597-8646 martha.modeen@mail.tribnet.com Copyright c. 2004 Tacoma News, Inc. Tacoma News, Inc. is a subsidiary of The McClatchy Company. --------- "RE: Fontaine: Indian Act is racist" --------- Date: Fri, 4 June 2004 09:19:09 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RACIST ACT" http://www.owlstar.com/dailyheadlines.htm http://www.theglobeandmail.com/~/?query=aboriginal Indian Act is racist:Fontaine By SUDBURY, ONT. Canadian Press June 3, 2004 The federal Indian Act is an "archaic, discriminatory and racist" piece of legislation, Phil Fontaine said yesterday in a lengthy, unscripted address before the Anishinabek Grand Council Assembly. The national chief of the Assembly of First Nations told the gathering of Ontario chiefs that he will keep pressing for change with the federal government on a "nation-to-nation" basis. First Nations must have the right to control their own destinies, he said. Especially important is the right to natural resources and the ability to initiate economic development that generates wealth and keeps it in native hands, he said. Chief Fontaine said his first priority is to "fix what is broken in the system" and that he has pressed the federal government for $1.7-billion in additional funding to tackle issues that include substandard housing on reserves. "If we can convince the government to give us the resources, we need to do all that we need to do," he said, noting that First Nations are the most impoverished group in Canada and are plagued by poor health and high rates of unemployment. "We know for a certainty that we can access quality health and create wealth." Anishinabek Nation chiefs have gathered this week at the Whitefish Lake First Nation near Sudbury, Ont., to consult on issues affecting some 43 First Nations communities in the Great Lakes area. Copyright c. 2004 Bell Globemedia Publishing Inc. All Rights Reserved. --------- "RE: Mohawk Chief calling it quits" --------- Date: Wed, 2 June 2004 08:49:24 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CHIEF NORTON" http://www.owlstar.com/dailyheadlines.htm http://www.theglobeandmail.com/~/20040602/NORTON02//?query=aboriginal Mohawk chief calling it quits After 25 years representing Kahnawake, Joe Norton is opting for a quieter life By TU THANH HA June 2, 2004 MONTREAL - He faced some of the most turbulent moments in recent Canadian native history and managed to bring some stability to his people. After nearly a quarter-century as the elected grand chief of the large, fractious Mohawk reserve of Kahnawake, south of Montreal, Joe Norton is leaving public life. Mr. Norton held office at a time of militancy among Mohawks, culminating in the 1990 Oka crisis. His authority was at its shakiest the morning he was told that armed Warriors had on their own blockaded a bridge leading to Montreal. But Mr. Norton, 54, outlasted those days and now leaves a community that has gained more autonomy and control over its affairs. "There's many things that have changed the face of Kahnawake and I've had the unique experience of being part of that," Mr. Norton told reporters yesterday as he announced he will not run again when his term is up next month. His great legacy was offering a constant leadership during the ups and downs of the past 25 years, said Kenneth Deer, editor of the Mohawk newspaper The Eastern Door. "He became grand chief when there were big changes and he helped steer them through." Guy Chevrette, provincial native affairs minister from 1996 to 2002, said Mr. Norton was a tough, blunt-talking negotiator. Mr. Chevrette's Parti Que'be'cois government reached a series of agreements granting more power to Kahnawake, in areas such as taxation, economic development and the administration of justice. "He brought them stability. He demonstrated that perpetual confrontation didn't bring results," Mr. Chevrette said. "I wish we could maintain with his successor the same harmonious relationship." Mr. Norton grew up with six sisters and five brothers. Like many Mohawks, he was an ironworker and was one of those who built New York's World Trade Center. He was first elected to the band council in 1978. In 1979, Mr. Norton was picked by the council to become grand chief to replace an ailing incumbent. The following year, he was elected for the first of 12 consecutive terms as grand chief. His first years in office came as rising militancy and a traditionalist revival swept the community. In October of 1979, a young Mohawk was killed by a Su'rete' du Que'bec officer after a high-speed chase, enraging the Mohawks and leading to the banishment of the provincial police from the reserve. Also, Mohawk parents started Kahnawake's own school. But during the 1980s, traditionalists, some of them allied to tobacco traders, were openly defying Mr. Norton's authority. His power was at its weakest when the Oka crisis began on July 11, 1990. Mr. Norton was not in control of the community. However, during that chaotic summer, he kept a high profile and was always present whenever there were tensions. "He showed himself to be a tower of strength. It was amazing," Mr. Deer said. The good will he fostered kept him in office while he tried to normalize relations with external authorities after the crisis. However, as the council expanded its activities, critics complained that Mr. Norton became an autocrat. "We can't confront him, we can't ask him anything," said one opponent who asked to remain anonymous. The opponent said Mr. Norton kept getting re-elected because few in the 9,000-strong reserve bothered voting. One of the rare times Mr. Norton was in a tight contest was 1988, when he defeated challenger Myrtle Bush by 686 votes to 553. More typical was the 2000 election when Mr. Norton won by 778 votes to 228. "He could take shortcuts, he could use his experience and power to get what he wanted," Mr. Deer said. "But he couldn't do it alone, without the support of the council." In a rare rebuke, in 1994, Mr. Norton supported a project to open a $154-million casino only to have residents vote down the proposal - while at the same time re-electing him. Recently, Mr. Norton was chairman of Mohawk Internet Technologies, a computer server started by the band council that hosts Web-based gambling services from around the world. Mr. Norton said he did not have immediate plans after leaving office. "The Joe Norton era is over with," he said. Copyright c. 2004 Bell Globemedia Publishing Inc. All Rights Reserved. --------- "RE: New life for Languages in Whitehorse School" --------- Date: Wed, 2 June 2004 08:49:24 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="LANGUAGE" http://www.owlstar.com/dailyheadlines.htm http://north.cbc.ca/regional/~filename=yuk-gwitchinschool01062004 New life for languages in Whitehorse school June 1, 2004 WHITEHORSE - A Whitehorse school council wants to bring Gwich'in and Tlingit languages into the classroom. School councillors, parents and students from F.H. Collins high school started working on the idea a few months ago after Yukon's minister of education announced funding for more native language instructor trainees. "There are many First Nations in the Yukon and we think this enriches the school environment and is very important for language and culture," says Heather McFadgen, chair of the school council at F.H. Collins. McFadgen says the idea for the new language programs came from interested parents and students. The details of the courses are still being worked out. However, this isn't dampening enthusiasm. Joe Linklater, Chief of the Vuntut Gwich'in First Nation, says there is a lot of interest among Old Crow students living in the Yukon capital. "Our children, when they move to Whitehorse, lose that opportunity to learn the basics of the language in school. So we're happy to hear the opportunity is there so that they can continue to learn," said Linklater. McFadgen is optimistic the courses will be offered as early as this autumn. The school's principal is asking students about the idea and working with the education department. Copyright c. 2004 CBC. --------- "RE: Judge throws the book at Sex-Criminal Colleague" --------- Date: Wed, 2 June 2004 08:49:24 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="VIOLENT CHILD ABUSING JUDGE" http://www.owlstar.com/dailyheadlines.htm http://www.theglobeandmail.com/~/20040602/JUDGE02//?query=aboriginal B.C. judge throws the book at sex-criminal colleague By JANE ARMSTRONG With a report from Rod Mickleburgh June 2, 2004 PRINCE GEORGE, B.C. - A disgraced former judge has been sentenced to seven years in jail for a string of disturbing sex crimes against underage aboriginal prostitutes. B.C. Supreme Court Associate Chief Justice Patrick Dohm said his former colleague, David Ramsay, shamed the judiciary, his family, and himself with "perverted lusts." It is believed to be the most serious crime by a sitting judge in Canada, and likely the longest sentence. The sentence shocked legal observers and a throng of native and women activists who travelled to this northern B.C. city to hear the outcome of the case. Just last month, Mr. Ramsay crafted a plea bargain by admitting to the sex crimes. In exchange, the Crown dropped five additional charges and asked for a sentence of three to five years. But Judge Dohm said the vile crimes, combined with the abuse of his power, cried out for a stronger sentence. Anything less would have further eroded the justice system's already battered image. "The accused's conduct was utterly reprehensible," Judge Dohm commented, saying Mr. Ramsay used his office to intimidate the girls and shield his actions from scrutiny. As the sentence was delivered, Mr. Ramsay's victims, now in their 20s, sat in the front row, red-eyed and shaken. At the time of the assaults, the women ranged in age from 12 to 16. The assaults took place over a nine-year period starting in 1992, a year after Mr. Ramsay was appointed judge. At night, he would prowl Prince George streets in his car and purchase sex from the young street workers at a notorious strip near the courthouse. Many were natives fleeing poverty-stricken reserves. The judge took the girls to a wooded area near the jail outside town. Often he demanded they perform degrading and violent acts. Mr. Ramsay paid the 12-year-old to simulate rough sex, but took it too far. She escaped from his car but he chased her down and warned her that "no one would believe" her if she told about the attack. In another case, he left a naked teenager whom he had beaten stranded on a darkened highway. She hitchhiked to safety. Judge Dohm said Mr. Ramsay treated the teenagers like discarded shoes. Worse, he often confronted these same girls by day in his Prince George courtroom. Sometimes they were up on prostitution charges. "He freely engaged in sexual acts with violence," Judge Dohm said. "He sat in judgment of them for the very behaviour he was engaged in." Mr. Ramsay's wife of 29 years, Sharon, also sat in the first row of the courtroom. None of his four children was present. The near decade-long saga of the judge who exploited young aboriginal women might not be over. Mr. Ramsay's crimes have sparked a furious reaction from native and women's groups, many of whom travelled yesterday to Prince George to vent their disgust at what some called the judge's "reign of terror" over local street workers. Some say police also have some explaining to do. Activists say it's unbelievable that Mr. Ramsay's rampage lasted as long as it did. The sentencing came at the end of an emotionally-charged day that drew dozens of protesters to the courthouse. Some could scarcely contain their fury for the grey-haired man who arrived holding hands with his wife and pushed through a gauntlet of onlookers. One woman screamed that he was "sick and disgusting." Activists say the judge's crimes are proof of deep, endemic problems in the way the legal system treats aboriginal people. "Ramsay should not have existed as a judge in the legal system as long as he did," said Chief Bill Wilson. "He was a powerful figure who repeatedly committed atrocious acts [and] who was able to hide behind the authority and prestige of his office for many years." Mr. Ramsay's lawyer and police have disputed the allegations of racism or a cover-up. They described him as a bad apple in an otherwise reputable system. Before he was sentenced, Mr. Ramsay rose and apologized to his victims. "I cannot undo that which has been done, nor take away the pain and indignity that I contributed to their lives," he said. "I hope that by my plea, my sentence and especially my apology, they will find vindication. Mr. Ramsay's lawyer, Len Doust, said his client had a Jekyll-and-Hyde personality. And he appeared to play down the impact of Mr. Ramsay's crimes. All the young women came from abusive homes and worked as prostitutes. Mr. Doust said the judge can't "be singled out as the only one who took advantage of these individuals." Retired Supreme Court of B.C. judge Lloyd McKenzie said he could not recall a precedent for a Canadian judge being involved in such serious crimes. "I have not heard of that kind of judicial misconduct before. It is unique," said Mr. McKenzie, who spent 19 years on the province's Supreme Court, followed by 10 more years as the court's information officer. "And while I think it is a hefty sentence, I think it is appropriate. I'm sure Judge Dohm agonized over it. I know I would have." Mr. Doust said the former judge is racked by shame and remorse, has attempted to kill himself, and cannot explain what drove him to commit such violent acts against the teenaged girls. In September, 2002, he drank a near-lethal cocktail of pesticides, antifreeze and orange juice and was in hospital for six days. But outside the courthouse and on city streets, there was little sympathy for the judge. People who work with and counsel prostitutes say the police and courts knew for years that the judge was buying sex from prostitutes. Mary Clifford, a health worker at the Native Friendship Centre, said she spotted the judge with a young prostitute in a car about six years ago. He was behind the wheel and his car was idling while he spoke to an RCMP officer through his window. Ms. Clifford said the RCMP officer was in his cruiser, which was idling too. She said she made eye contact with the judge and the RCMP officer drove off. Ms. Clifford said she filed a complaint with the RCMP but nothing came of it. Copyright c. 2004 Bell Globemedia Publishing Inc. All Rights Reserved. --------- "RE: Congress yanks Shoshone Indians" --------- Date: Thu, 3 June 2004 08:44:51 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="LAND CLAIM" http://www.owlstar.com/dailyheadlines.htm http://www.pahrumpvalleytimes.com/2004/06/02/news/shoshone.html Congress yanks Shoshone Indians By SAMANTHA YOUNG PVT WASHINGTON BUREAU June 3, 2004 WASHINGTON - A bill to compensate Western Shoshone Indians was knocked off track Tuesday when a congressional tax committee demanded to review the payments. Republican House leaders had scheduled a final vote on the bill but pulled it from the schedule. Instead, the Ways and Means Committee will study provisions that exempt tribal members from paying taxes on any settlement. It was unclear how long the bill might be delayed. "There are procedural requirements in the House of Representatives that any time a bill has taxable consequences, they have jurisdictional review," Rep. Jim Gibbons, R-Nev., said of the tax-writing committee. Gibbons had tried to avoid such a development. Earlier, he had sponsored a Western Shoshone bill that did not explicitly mention taxes, but it ran into opposition from Democrats. Instead, a bill by Sen. Harry Reid, D-Nev., was substituted that stated Indians would not be taxed on any settlement. Reid's legislation also guarantees that payments would not disqualify beneficiaries from federal need programs like college financial aid and food stamps. The bill seeks to compensate Western Shoshone Indians about $30,000 apiece for land lost to the U.S. government, roughly $143.9 million that has been sitting in a U.S. bank account since 1979. While a majority of the Western Shoshone has voted to accept the payments, a handful of Western Shoshone canvassed Capitol Hill on Tuesday to lobby for its defeat. Some charge that once the Western Shoshone accept payment, their claims for return of land would be diminished. Gibbons also noted the Constitution requires all tax bills originate in the House, which could cause another problem in taking up the Senate- originated Reid bill. "We are hopeful down the road we can address their issues," Gibbons said. Copyright c. 1997 - 2003 Pahrump Valley Times. --------- "RE: Lawsuit fights for Indians' Benefits" --------- Date: Mon, 7 June 2004 08:41:12 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SEEKING DENIED BENEFITS" http://www.owlstar.com/dailyheadlines.htm http://www.fayettevillenc.com/story.php?Template=region&Story=6380141 Lawsuit fights for Indians' benefits By Venita Jenkins Staff writer June 7, 2004 PEMBROKE - A federal court ruled almost 35 years ago that a group of Indians in Robeson County were due government benefits. The son of one of those Indians has filed a federal lawsuit accusing the government of failing to provide the benefits they were supposed to receive. Roy Maynor, a member of a Tuscarora group in Robeson County, filed the lawsuit last year in the U.S. District Court for the District of Columbia. He is seeking $500 million in lost benefits and land on behalf of the descendants of 22 Siouan Indians and the Tuscarora group known as the Skaroreh Katenuaka Nation and the United Nations of Turtle Island. Maynor's effort is separate from the Lumbee Indians' bid for federal recognition. Bills have been filed in the U.S. House and Senate seeking that recognition - and government benefits - for 50,000 Lumbees, most of whom live in Robeson County. The lawsuit filed by Maynor names the federal government and the state of North Carolina as defendants. Those governments have filed motions for dismissals. The federal court has not ruled on the motions, said Noelle Talley, a spokesman with the N.C. Attorney General's Office. Talley declined to comment further about the case. Maynor said he filed the lawsuit because he believes federal agencies did not fulfill the requirements of the 1975 court decision involving his father, Lawrence Maynor. Roy Maynor is representing himself in the case, with assistance from Chris Hardison, a representative of the Skaroreh Katenuaka Nation and the United Nations of Turtle Island. Lawrence Maynor was one of the 22 Siouan Indians certified by the Department of the Interior during the 1930s. An anthropologist with the former Commission on Indian Affairs examined 209 people in 1935 to determine whether they had a half or more Indian blood. The commission sent letters to 22 people in 1938 saying they were entitled to benefits under the Indian Reorganization Act, but they were not given tribal status or any other rights. In 1971, Lawrence Maynor and the other 21 certified petitioned the Department of the Interior to establish a reservation for them. The government determined that a clause in the 1956 Lumbee Act superseded the 1938 certification, and the 22 Souian Indians were due nothing. The Lumbee Act recognized Indians in Robeson and surrounding counties as Lumbee but denied them benefits given to other federally recognized tribes. 1975 triumph Lawrence Maynor appealed the decision in the U.S. Court of Appeals. In 1975, the court ruled that the Lumbee Act did not take away the rights of the 22 Indians and that Lawrence Maynor was eligible for benefits under the Indian Reorganization Act. Among those benefits were the right to petition the Department of Interior to establish a reservation and eligibility for housing improvements, employment assistance programs, loan guarantee programs and higher education grants. The 22 Indians did not receive federal recognition as a tribe, no funds were allocated for them and no action was taken toward establishing a reservation. According to Roy Maynor, the only benefit the eight surviving Souians received was housing assistance. Some had homes renovated. New homes were built for others. The government did not provide other benefits or extend services to their children. "We are not asking for the Bureau of Indian Affairs or the Department of Interior to recognize us as Indian. I am already a federally recognized Indian," Maynor said. "All I want is for a judge to rule that the government has to carry out the court decision." He said the $500 million sought in the lawsuit would be used for economic development and to buy back ancestral land and historical sites of the Tuscarora tribe. He also is requesting that the federal government turn over more than 9,000 acres in south central Robeson County that he and Hardison believe rightfully belongs to the descendants of the 22 Indians certified in 1938. Artifacts and remains Maynor also is asking the government for the return of all Tuscarora artifacts held by the state, for an injunction to stop all archeological digs on Tuscarora sites and for the remains of Tuscarora Indians unearthed during the digs be returned to the tribe. The remains are in a collection area at East Carolina University in Greenville. They were discovered during archeology digs in Greene and Bertie counties and in other locations in eastern North Carolina, said Charles Ewen, an anthropology professor and director of the university's archaeology lab. Some of the remains date back to the early 1700s, he said. Local Tuscarora groups have contacted the university about the remains in the past. But the university is required to deal with the Tucaroras of New York, a federally recognized tribe. "Right now, they are happy with where the remains are," Ewen said. The lawsuit claims the federal government and the state of North Carolina attempted to hide the Tuscarora lineage of people living in Robeson County. The state contends that all Tuscarora Indians left the state in 1831, the lawsuit says. But, Maynor says in the lawsuit, some Tuscaroras stayed behind when the tribe was forcibly resettled to New York. Seeking dismissal The state and federal governments are arguing that the lawsuit should be dismissed on a variety of grounds. "The complaint is devoid of any specific allegations as to the state of North Carolina being in violation of any law, state or federal," the state's response says. The state has filed a motion asking the court to order Maynor to file a more definite statement of the allegations on the grounds that "the complaint is so vague and ambiguous that this defendant cannot reasonably be required to frame an answer." The federal government says the Skaroreh Katenuaka (Tuscarora) Nation, of which Maynor is a member, is not a federally recognized tribe and does not appear on a list of tribes eligible for services. "The plaintiff makes no individual claim to the lands or other property. He asserts only the alleged tribal interest of the non-federally recognized Tuscarora People of North Carolina, the United Nations of Turtle Island or the Skaroreh Katenuaka (Tuscarora) Nation," the federal response says. Hardison and Maynor said they are confident the suit will proceed and they will prevail. "The only thing the judge can do is uphold the 1975 decision," Hardison said. Maynor said he will take the case as far as necessary. "If we don't win our case, we will be heading to the U.S. Supreme Court. I don't think we will have to go that far," he said. "As disillusioned as I am about the federal government, I do have one glimmer of hope in the federal court system because of the 1975 decision that relates to my father." Staff writer Venita Jenkins can be reached at jenkinsv@fayettevillenc.com or (910) 738-9158. Copyright c. 2004 The Fayetteville (N.C.) Observer. --------- "RE: Ute Tribal Members suing Agency" --------- Date: Thu, 3 June 2004 08:44:51 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RIGHT-OF-WAY" http://www.owlstar.com/dailyheadlines.htm http://deseretnews.com/dn/view/0,1249,595067669,00.html Ute tribal members suing agency over right-of-way dispute By Lezlee E. Whiting For the Deseret Morning News June 3, 2004 UTAHN, Duchesne County - Three members of the Ute Indian Tribe, including a former Business Committee member, have filed a lawsuit against the Bureau of Indian Affairs alleging the BIA has ruined their property by granting rights-of-way to two irrigation companies. In federal court documents, Richard Mountain, Stewart Pike and Floyd Wopsock maintain the BIA "systematically allowed non-Indian irrigation companies . . . to build facilities that trespass on trust lands, divert valuable irrigation water supplies off Indian lands and impair important fisheries expressly protected by Congress." Members of Shanks Irrigation and Knight's Canal companies are caught in the crossfire. Early on in the irrigation season, a "no trespassing" sign appeared at the gate across Duchesne County's Rock Creek Road. The gate leads to the Rock Creek point of diversion, which irrigators use to gain access to their 15-year-old rights-of-way. The water shares held by irrigators include state of Utah water rights and Central Utah Project shares. Duchesne County Commissioners declined to become involved in the matter, saying any dispute irrigators may have is with individual members of the Ute Tribe and not tribal government. "The county is not involved in the water issue," said Duchesne County Commission Chairman Larry Ross, "As far as the gate issue, the gate was put on the county right-of-way . . . We are in the process of working to resolve that," Ross said, declining further comment. Irrigation company officials heeded the sign. However, after failing to reach an accord through attorneys and wanting to avoid confrontation, they filed their own suit in federal court against the three men who are suing the BIA. The irrigation companies will apparently be able to continue to use the rights-of-way pending the outcome of the lawsuit that is expected to be heard this fall. The two irrigation companies are not named as defendants in the suit. Mountain and Pike are seeking $10,000 in damages dating back to 1997. The suit alleges the BIA has failed to follow its own 2001 promise to "evict, and obtain damages from unlawful Indian reservation trespass," With the OK from federal judge Tena Campbell, ditch riders were finally able to open head gates about two weeks ago so water could be diverted to 20 farms and ranches in the Utahn area of Duchesne County. Mountain has about 429 acres of leased and allotted tribal land and Pike has a small percentage of ownership in a 40-acre allotm