From gars@speakeasy.org Thu Jul 1 20:02:46 2004 Date: Tue, 29 Jun 2004 15:51:05 -0700 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews12.027 _ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' ____ _ , ___ _ , ___ / ' ) / / ) ' ) / / ' VOLUME 12, ISSUE 027 / /-< / /--/ /-- __/_ / ) (___/ / ( (___, 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 July 3, 2004 Hopi Kelmuya/fledgling raptor moon Algonquin Matterllawaw Kesos/moon squash are ripe, beans begin to be edible +-------------------------------------------------------+ | 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, News and Information Distribution, Frostys AmerIndian and Indian-Heritage-L 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: + -- -- -- -- -- -- -- -- -- -- -- + ======================== "The Lakota could despise no creature, for all were of one blood, made by the same hand, and filled with the essence of the Great Mystery. In spirit, the Lakota were humble and meek. 'Blessed are the meek, for they shall inherit the earth' -- this was true for the Lakota, and from the earth they inherited secrets long since forgotten. Their religion was sane, natural, and human." __Luther Standing Bear (1868-1939) Oglala Sioux chief +- -- -- -- -- -- -- -- -- -- -- -+ | Indian Pledge of Allegiance | The Indian Pledge of Alleg- | | iance was first presented | I pledge allegiance to my Tribe,| on 2 December '93 during the | to the democratic principles | opening address of the Nat- | of the Republic | ional Congress of American | and to the individual freedoms | Indian Tribal-States Relat- | borrowed from the Iroquois and | ions Panel in Reno, NV. NCAI | Choctaw Confederacies, | plans distribution of the | as incorporated in the United | Indian Pledge to all Indian | States Constitution, | Nations. | so that my forefathers | | shall not have died in vain | Walk in Beauty! Night Owl +- -- -- -- -- -- -- -- -- -- -- -+ +- -- -- -- -- -- -- -- -- -- -- -- -- -+ | Journey | In the summer and early fall | The Bloodline | of 1998 the Treaty Unity Riders | | rode a thousand miles on horse- | For all that live and live by law | back, carrying a staff and | We Stand, we Call, We Ride | praying each step of the way. | For All that fear and fear by sight | | We Hear, we Listen, we Ride | These prayers were offered for | For all that pray and pray by strength| each of us, and that the Unity | We Feel, we Move, we Ride | of all Peoples might happen. | For all that die and die by greed | | We Hurt, we Cry, we Ride | Tatanka Cante forwarded this | For all that birth and birth by right | poem on behalf of all the Unity | We Smile, we Hold, we Ride | Riders that we might stop and | For all that need and need by heart | ask if the next words we say, the | We Came, we Went, we Rode. | next act we make is for the good | | of the People or is it from ego | Treaty Unity Riders | for self. +- -- -- -- -- -- -- -- -- -- -- -- -- -+ O'siyo Brothers and Sisters! A congressional resolution is gradually winding its way through Congress that will officially apolgize for the "violence, maltreatment and neglect" inflicted upon the tribes for centuries. A resolution of formal apology for "a long history of official depradations and ill-conceived policies" has been quietly cleared for a Senate vote. There are no federal reparations or claim settlements associated with the resolution - just a formal apology. It now appears it will win approval in both halves of Congress, and in an election year where many "swing vote" states have large Native populations, it is also likely the resolution will receive a presidential signature. There was an officail apology to Japanese Americans for the forced internment of their ancestors and relatives during World War II - and there should have been. There has been an apology by the Methodist Church for the attack by Chivington (a Methodist minister) and his forces for the massacre of women and children at Sand Springs - and there well should have been. The Catholic Church and Anglican Church have apologized for the rapes of many innocents sent to them, although they wriggled, wrangled and begged out of court awarded reparations. With just the mere words serving as the only "cost" to the dominant society, what is the delay? Why hasn't this apology been rendered with sincerety long before now? I don't have an answer, but I do have a strong suspicion. Arrogance, like greed, seems to be traits the dominant society brings with it to every issue. I don't think it's any different here. What is right is not always what is forthcoming when admission of wrong clouds your self-image of perfection. They can keep their apology. Just hand over the billions of stolen trust dollars and quit breaking treaties with the Tribes. 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 says - Judge rejects Wadena's Trust Mediation not working out challenge of election - S.D. Tribe files Trust Lawsuit - Northern Cheyenne Riders - The Long Trail to Apology to honor Ancestors - Opinion: The Ku Klux Klan - Utah High Court of Indian Country OKs non-Indian Peyote use - McSloy and Bassen: - YELLOW BIRD: A Great Nation breaks its Word Tribal Governments can work - Navajo Pilgrims - Sahtu and Metis spend a night among Ancestors mark Land-claim Anniversary - Navajo Nation seeks $900M - Aboriginals'opposition for Water Settlement to Tories mounting - PhD Project uses - Martin celebrates unique recruiting methods National Aboriginal Day - Citizens fight back - AFN Budget could swell after Indian sites looted under new Management - Shooters target Pictographs - The Women we've failed - New Tribal look - Native American Prison probe - Sharing a Tradition - Native Prisoner - Kids learn ancient ways -- Anderson: Indian jails at Hohokam Experience need attention now - Quebec Native Women - History: Carlisle Indian School offer Mediation - Rustywire: Go On and On and On - Keetoowah Band Council - Verse: Hawaiian Book of Days to continue Impeachment - Hawkdancer Poem: Wind Talker - Indian Burial Ground discovered - Upcoming Events --------- "RE: Cobell says Trust Mediation not working out" --------- Date: Wed, 23 June 2004 08:14:38 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="DIS-TRUST" http://www.owlstar.com/dailyheadlines.htm http://www.nativetimes.com/index.asp?action=displayarticle&article_id=4617 Cobell says trust mediation not working out DOI says they are "committed to the mediation process." Sam Lewin June 22, 2004 The Blackfeet Tribe of Montana elder credited with bringing the Indian trust issue to the public consciousness is again accusing the government of negotiating in bad faith during attempts to solve the long running dispute. In an open letter addressed to all trust beneficiaries, Eloise Cobell delivers a critical indictment of the last six months of talks between plaintiffs in the case and the Department of Interior. "I wish I could report that we have made progress in our negotiations with the government. Unfortunately, the government has, so far, acted with the same bad faith in mediation that they have shown in administering the trust and litigating the Cobell case. It is self-evident that to have any chance of success, mediation must have two participants who want to resolve the conflict. In this mediation, it has become obvious the government wants to resolve nothing," Cobell writes. "The truth is that the government likes using our money. Their own expert has estimated that up to $40 billion is owed. With a sweetheart deal like this, why would they want to voluntarily resolve the issue?" Interior spokesman Dan Dubray said DOI would not comment on the letter. "When it comes to mediation, we do that in private," Dubray told the Native American Times. "The Interior Department is not going to discuss this issue in a public forum. We are committed to the mediation process and we are fully engaged in it." The mediation between the two sides is the latest in a massive class action lawsuit that has lasted nearly a decade. The case was filed in 1996 and sought to force the government to account for billions of dollars in money supposedly held in trust for American Indians. Cobell filed the lawsuit to account for the money and reform the system. Judge Charles Renfew and John Bickerman are co-mediating the case. Renfew has been a federal district court judge in California and was Deputy Attorney General during the presidency of Jimmy Carter. Bickerman is a full time attorney- mediator based out of Washington, D.C. He has written a book on conflict resolution. The text of the Cobell's letter appears below. My fellow trust beneficiaries, As you know, with the urging of our friends in Congress, we entered into mediation with the U.S. government to resolve the individual Indian trust litigation. I am writing you today to give you an update on the status of the mediation process and the challenges we face in this six-month-old process. I wish I could report that we have made progress in our negotiations with the government. Unfortunately, the government has, so far, acted with the same bad faith in mediation that they have shown in administering the trust and litigating the Cobell case. It is self-evident that to have any chance of success, mediation must have two participants who want to resolve the conflict. In this mediation, it has become obvious the government wants to resolve nothing. The truth is that the government likes using our money. Their own expert has estimated that up to $40 billion is owed. With a sweetheart deal like this, why would they want to voluntarily resolve the issue? The truth is that the gove rnment leases our land and assets far below market to Fortune 500 energy companies. The truth is that fraud, graft and corruption have pervaded the management of our trust assets for over 100 years. The truth is that the current trustee-delegates have proven themselves incompetent and dishonest, like their predecessors. These are not mere allegation's, they are facts established in a court of law. Many call me naive for hoping that the government would finally agree to a just resolution through mediation for the over 500,000 individual Indian trust beneficiaries. Well, I'd rather be naive than wrong. Every day more of our beneficiary-friends die without seeing justice or a complete and accurate accounting of their trust assets. If there is a chance that mediation may bring a fair and just resolution of this case to Indian Country faster than the court system, I owe it to you to try. What is a fair and just resolution? The government would try and resolve this case for a couple billion dollars. And why not, from their perspective, when we are owed so much more? But a token settlement like this would be an insult to our people and a continuation of decades of injustice. We know what is fair. We have retained the most sophisticated resources and financial experts to tell us what a fair and just resolution would be. Here's what they tell me: At one time more than 50 million acres of land was allotted and held in trust for you. That equals land mass could swallow the states of Maine, Massachusetts, Vermont, New Hampshire, Connecticut, Rhode Island, Delaware, Maryland and Washington, D.C. with room to spare. Today, there is less than 11 million acres held in trust for you and the government can't explain where 39 million acres went. Much of the 50 million acres was and is among the most fertile and mineral rich lands west of the Mississippi (and that is why it is gone today). In the early-1900's almost the entire state of Oklahoma (the then-oil capital of the world) was made up of individual Indian trust allotments. Remember this: the government is not doing us any favors by resolving this case. They have taken our property and our money and mismanaged it for more than a century. We are not asking for entitlement, for reparations or for special treatment. We only want what is ours: money generated from our land. The U.S. government doesn't need to appropriate the funds to pay us. They already have the money. They took it from us. What is a fair and just resolution you ask? A complete and accurate accounting of our trust assets, nothing more and nothing less. If the government wants us to give up our rights to that complete and accurate accounting, it must compensate each of the individual Indian beneficiaries. It is that simple. I want to make a pledge to you, my fellow beneficiaries. I will not sell our trust,"the legacy of our ancestors" down the river for even a few billion dollars in settlement. To do so would make me no better than them--and I will not breach the trust you have shown in me. I will continue the fight in the courts and wherever else until justice is done. And, I will continue to mediate as long as there is a chance for a fair and just resolution there, too. It is our money and it is our right. Sincerely, Elouise Cobell Native American Times is Copyright c. 2004 Oklahoma Indian Times, Inc. --------- "RE: S.D. Tribe files Trust Lawsuit" --------- Date: Tue, 29 June 2004 08:48:11 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="OST FILES SUIT" http://www.indianz.com/News/ http://www.rapidcityjournal.com/~/2004/06/29/news/state/top/news01.txt S.D. tribe files trust lawsuit By Chet Brokaw, Associated Press Writer June 29, 2004 PIERRE - The Oglala Sioux Tribe has filed a federal lawsuit that seeks to force the U.S. Interior Department to give a full accounting of land and money it is responsible for managing for the tribe. The lawsuit, filed in federal court in the District of Columbia, alleges that the Interior Department and the U.S. Treasury Department have failed to account for land it holds in trust for the tribe and the money earned from leases and other uses of that land. "Defendants have kept and continue to keep the Tribe, as the trust beneficiary, uninformed as to the trust property it owns, what income the trust property has produced, and what disposition has been made of the income," according to the lawsuit. The Oglala Sioux Tribal Council recently voted to start the lawsuit. Gary Frischer, a legal consultant involved in the lawsuit, said the Santee Sioux Tribe, the Crow Creek Sioux Tribe, the Yankton Sioux Tribe and the Omaha Tribe also are pursuing the trust fund issue in court. A 1996 class-action lawsuit, filed on behalf of more than 300,000 Indians nationwide, also seeks federal accounting for trust funds owed to individual Indians. A federal judge has found that the Interior Department breached its trust responsibility and has ordered the department to tally what the Indians are owed. The 1996 suit alleges that for more than a century, the government has mismanaged, misplaced or stolen billions of dollars in oil, gas, timber and grazing royalties that the department, by law and treaty, was assigned to manage on the Indians' behalf. The Oglala Sioux lawsuit seeks the same accounting for land and money held in trust for the tribe itself. The lawsuit says the extent of the tribe's loss is unknown because federal officials have failed to maintain accurate records, lost or destroyed some records and failed to disclose some information. Frischer said he cannot estimate the tribe's loss, except to say, "We're in the hundreds of millions of dollars." Lydia Bear Killer, one of tribal council members who helped lead the effort to file the lawsuit, said the attempt to get a financial accounting started when some tribal members seized the tribal council building in Pine Ridge several years ago. Tribal members need to know what has happened to land and money that the federal government holds in trust for the tribe, Bear Killer said. "Hopefully, this is one step that will bring the people back together," she said. "We're concerned a full historical accounting with assets and finances needs to happen for the tribe." Congress has passed laws in the past two decades requiring the Interior Department to conduct audits and give reports on trust funds, but that accounting has not been done, according to the lawsuit. The Oglala Sioux lawsuit seeks a court order requiring federal officials to give a full and complete accounting of land and money held in trust for the tribe. In the nationwide lawsuit dealing with money owed to individual Indians, the Interior Department has said it will take at least five years to account for all the money. Copyright c. 2004 The Rapid City Journal. --------- "RE: The Long Trail to Apology" --------- Date: Mon, 28 June 2004 08:22:54 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="APOLOGY BY US" http://www.owlstar.com/dailyheadlines.htm http://www.nytimes.com/2004/06/28/opinion/28MON4.html The Long Trail to Apology June 28, 2004 All manner of unusual things can happen in Washington in an election year, but few seem so refreshing as a proposed official apology from the federal government to American Indians - the first ever - for the "violence, maltreatment and neglect" inflicted upon the tribes for centuries. A resolution of formal apology for "a long history of official depradations and ill-conceived policies" has been quietly cleared for a Senate vote, with proponents predicting passage. Tribal leaders have been offering mixed reactions of wariness ("words on paper") and approval somewhat short of delight ("a good first step"). True, no federal reparations or claim settlements are at stake. But the rhetoric of the resolution pulls few punches about the genocidal wounds American Indians suffered in being uprooted for the New World. The Trail of Tears, the Long Walk, the Wounded Knee Massacre and other travails are specified in the resolution, which calls on President Bush to "bring healing to this land" by acknowledging the government's offensive history. The apology would have been received as fighting words at the Capitol in the Indian war era, when the government pursued military domination and tribes fought back. But times change, albeit very slowly sometimes, and this time it is significant that the political clout of Native Americans has never been clearer. The parties are vying for support in key political arenas, with the narrowly divided Senate particularly in play. Native Americans' power is considerable in tribal bases like South Dakota, where their turnout was crucial in electing Senator Tim Johnson in 2002; in Alaska, where they are 16 percent of eligible voters; and in tight presidential states like Arizona, New Mexico and Nevada. Severe health, education and economic troubles still bedevil the reservations, despite the casino riches of a minority. Accordingly, the tribes must aim for more than an apology as they pursue ambitious voter- enrollment programs. An official apology is indeed words on paper. But approval by Congress would be an acknowledgment of modern tribal power, especially if the president presented it this September at the opening of the National Museum of the American Indian in Washington. Copyright c. 2004 The New York Times Company. --------- "RE: Opinion: The Ku Klux Klan of Indian Country" --------- Date: Sun, 20 Jun 2004 22:56:02 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="KKK of INDIAN COUNTRY" http://www.pechanga.net/ http://www.thenation.com/doc.mhtml%3Fi=20040712&s=newfield Opinion: The Ku Klux Klan of Indian Country Dave Lundgren June 14, 2004 Anti-Indian hate groups are desperately attempting to gain a foothold in American politics by attacking tribal self-governance. This disturbing trend is being allowed to happen, unchecked. Recently the hate group Citizens Equal Rights Alliance (CERA) held a Mother's Day conference in Washington, D.C. entitled "Confronting Federal Indian Policy." While tribes are appalled that such organizations even exist, these groups are eliciting from their members contributions to shore up their attacks against federally-protected rights and to finance campaigns of their favored candidates. It's time we labeled these groups for what they really are: hate groups. CERA's sister organization, Citizen's Equal Rights Foundation (CERF), recently filed a friend-of-the-court brief in the case U.S. v. Lara before the United States Supreme Court. CERF urged the Court to find that Congress had no power to recognize inherent powers of tribes. This group is also seeking the attention of congressional leaders who do not really understand the despicable implications of their activities. But before candidates accept political contributions from these racist organizations, they should look deeper. Who are these people and what are they so afraid of? These groups are comprised mainly of non-Indian landowners on Indian reservations. They are afraid of being regulated by brown people, and by the efforts of tribes under federal law to reclaim lost homelands. These non-Indians often acquired their property within the "permanent homelands" of tribes through the General Allotment Act, the national disgrace. The Allotment Act, passed by Congress not long after slavery was abolished in an effort to dismantle tribal governments and "assimilate" Indian people, was the single most significant breach of every treaty made with tribes. It authorized the carving up of reservations into allotments and threw open the "surplus lands" to non-Indian acquisition. Many call it "a national theft." Senate Joint Resolution 76, introduced on April 6, would finally offer an apology for what the United States did to tribes and Indian people under the 1887 Allotment Act. SJR 76 would "acknowledge a long history of official depredations and ill-conceived policies by the United States Government regarding Indian tribes." It expressly names the General Allotment Act as one of those depredations. Even without a formal apology, the fact that non-Indian land owners acquired title through the condemned policies of the Allotment Act cannot be ignored. Treaties entered with tribes under the Constitution recognized tribes as governments. By 1934, Congress came to recognize the devastating effects of the Allotment Act, and expressly condemned its assimilationist policies in favor of policies recognizing tribal self-governance. To reverse the effects of the Allotment Act, Congress provided statutory methods by which alienated homelands could be restored to Indian ownership. Since the early 1970s, tribal self-governance has been the cornerstone of numerous federal statutes. The policy of self-governance, therefore, is a constitutionally and federally protected right of tribes. The goal of these hate groups is to attack those federally and constitutionally protected rights. They prefer to hearken to the condemned Allotment policies. These hate groups pride themselves in having among their members Indian people who have become disillusioned with their own tribal councils. By having brown people among their ranks, they can claim their hat red toward tribes is not race-based. But these beneficiaries of the national disgrace are functioning on fear. Tribes are reacquiring their homelands at ever- increasing rates. Ask those non-Indian landowners if they would like to welcome in those Indian members as neighbors and you are likely to get a different response. It is one thing to have Indians join their groups, but quite another to have them join their neighborhoods. There was a time in our recent history when racist organizations used tactics that were more blatant and open. Now their messages of hatred are subtler, and are shrouded in legal arguments and campaign contributions. Rather than burning crosses and marching in white hoods, these hate- mongers are using direct mailings with slogans about constitutional rights. Where once such organizations met in secret at night around bonfires in the deep woods, these new groups meet openly on Mother's Day in Washington, D.C. and surround congressional leaders. Visit CERA's Web site and you'll see tactics used by terrorist groups. The group urges people to form cells in their own regions to carry out the group's objectives. Why is the Justice Department turning a blind eye to these purveyors of hate? An organization whose sole purpose is to attack rights protected by federal and constitutional law is not any different than the Ku Klux Klan. It is time we identified these groups for what they really are. Rather than engage in their ridiculous debates about the fundamentals of federal Indian law, which would only help legitimize them, we need to question their very existence. Their cries for help, however, may provide an opportunity to educate the public on why a national apology for the General Allotment Act is necessary. The title history on the property of these non-Indian landowners tells the story. Whenever they speak, before their questions are addressed, ask them where their lands are located and trace how they got there. Only in that context can we have an informed discussion. Dave Lundgren maintains an Indian law practice in Oregon. He can be reached at bandonlawyer@aol.com. Native American Times is Copyright c. 2004 Oklahoma Indian Times, Inc. --------- "RE: McSloy and Bassen: A Great Nation breaks its Word" --------- Date: Mon, 28 Jun 2004 22:18:08 EDT From: MJLaBurt@aol.com Subj: McSloy and Bassen: A great nation breaks its word: Indians, unions and the NLRB Mailing List: ndn-aim http://www.indiancountry.com/?1088166880 McSloy and Bassen: A great nation breaks its word: Indians, unions and the NLRB June 25, 2004 by: Steven Paul McSloy / Counsel / Hughes Hubbard & Reed LLP by: Ned H. Bassen / Chair / Labor and Employment Practice / Hughes Hubbard & Reed LLP In 1960 in Federal Power Commission v. Tuscarora, the Supreme Court allowed Tuscarora lands to be taken and flooded for a dam, holding that the relevant federal statute did not expressly exempt Indian nations. This decision was so violative of Indian sovereignty that Justice Black was moved to passionately dissent, writing that "Great nations, like great men, should keep their word," and the so-called "Tuscarora rule" of interpreting federal statutes of general applicability to be binding upon Indian nations has not often been followed. Indian people were thus shocked last month when in San Manuel Indian Bingo and Casino, the National Labor Relations Board applied the Tuscarora rule and asserted jurisdiction over tribally owned and operated commercial enterprises, regardless of whether they are located on or off reservation land. The 3 - 1 decision overruling nearly 30 years of precedent is an illogical stray from well-established Indian sovereignty principles and threatens to dramatically impact tribal sovereignty. The majority's distinction between governmental and proprietary functions does not grasp the unique character of tribal sovereignty, and the board's new case-by- case method of determining jurisdiction leaves the door open to jeopardize both tribal sovereignty and the basic right of a sovereign to control internal matters that affect its members. The decision comes at a time when many tribes, including the San Manuel Band, are operating successful gaming operations and employing a large number of non-Indians. Because of their newfound success, tribes are being penalized for participating in the national economy and reaching economic self-sufficiency. The NLRB's decision is a far cry from the federal Indian policy of self-determination and is a dangerous step towards limiting tribal sovereignty. The NLRB's view that tribally owned and operated commercial enterprises affecting interstate commerce do not implicate the special attributes of sovereignty is a misjudgment, to say the least. The majority too easily separates commercial aspects of tribal businesses from tribal governmental functions, when in fact the two are essentially inseparable. The Indian Gaming Regulatory Act requires tribal gaming revenues to be used to fund tribal government operations and programs, including health, education, human services, law enforcement, roads, water and sewer projects and tribal courts. This fact alone suggests that proprietary and governmental functions are inextricably linked. Providing for the general welfare of the tribe and its members is critically tied to the success of tribally owned and operated commercial enterprises. Tribal dependence on commercial enterprises for revenue stems from the fact that Indian tribal governments generally are unable to fund important government services through the collection of property and income taxes. Peter Schaumber, the lone dissenting NLRB member, understood the distinctive nature of tribal governments and stated that "operation of the casino clearly furthers the repeatedly expressed Congressional objective of encouraging tribal self- sufficiency and economic development, which can only occur through commercial activity." The majority's insistence on separating commercial from governmental functions promotes dependence on the federal government rather than tribal self-sufficiency and economic development. Surely, that is not the path Congress envisioned tribal nations would follow in the 21st century. Furthermore, because tribal commercial enterprise revenues fund tribal governmental programs, the assertion of NLRB jurisdiction regarding labor relations could endanger vital tribal services in the future. Labor unions have been forging strong campaigns to organize tribal casinos and other tribally owned operations. Labor union organization at tribal enterprises represents a threat not only to the tribal business operations but more importantly can imperil the tribe and its members in general and cast a shadow over the tribe's ability to control its internal matters and protect its members. The NLRB majority's approach towards tribes acting in a commercial manner seems to suggest that tribes do not adequately provide for its employees, specifically non-Indians. The common accusation that tribally operated facilities, including casinos, are permitted to mistreat employees under the guise of tribal sovereign immunity coincides with the majority's biased opinion of tribal labor relations. The NLRB majority however, conveniently overlooked the fact that the San Manuel Band's comprehensive Tribal Labor Relations Ordinance (TLRO) already regulates labor relations at the casino. In fact, in the San Manuel case, the dispute revolved around the Hotel Employees & Restaurant Employees International Union's objection to not being given access to casino employees for organizing purposes, because the tribe had given access to another union. Many tribes throughout the country have adopted similar ordinances that provide employees with the right to self-organization, to join employee organizations and to choose their representatives to collectively bargain for them. Since TLROs essentially replicate the protections afforded by the National Labor Relations Act, the NLRB's new assertion of jurisdiction is unnecessary. The question becomes, what can tribes do to either get around the decision or to satisfy the NLRB's new Tuscarora rule analysis? One of the more appealing options would be for the decision to be reversed on appeal. Hopefully, a federal court will apply the traditional principles of Indian sovereignty and reach a different result from the NLRB. However, leaving the decision to the federal courts is not always the most promising option. Another alternative would be a direct request to Congress to revise the National Labor Relations Act's provision for NLRB jurisdiction so as to expressly exempt Indian tribes from the Act's coverage. One small glimmer of hope that the San Manuel decision offers is the NLRB's emphasis on a case-by-case analysis. While the NLRB seems to be steadfast its distinction between commercial and governmental functions, there is still the possibility that a tribe's business relations could fall under one of the Tuscarora rule's exemptions, specifically the treaty exemption. For instance, in the San Manuel case, the band did not have a treaty with the United States and therefore had no possibility of qualifying under the treaty exemption. Tribes that do have treaties with the United States might be able to claim the treaty exemption if application of the NLRA would abrogate those treaty rights. This still leaves a large number of tribes operating without treaties vulnerable to NLRB jurisdiction. Regardless of the method tribes choose to follow, the road will certainly not be an easy one. Although the NLRB has stated that careful balancing is required to determine whether or not to assert jurisdiction, the odds seem likely that the NLRB will begin to intervene in labor matters at tribal enterprises. NLRB assertion of jurisdiction is not only an attack on tribal sovereignty but also a significant obstacle for tribes seeking to become self-sufficient and economically independent. ----- Steven Paul McSloy is the co-chair of the Native American practice at Hughes Hubbard & Reed LLP in New York City. Ned H. Bassen is chair of the Labor and Employment practice at Hughes Hubbard. Jason Habinsky of Hughes Hubbard and Katie Morgan (Ponca Tribe of Nebraska), a Hughes Hubbard summer associate, assisted in the preparation of this article. ----- NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. --------- "RE: Navajo Pilgrims spend a night among Ancestors" --------- Date: Mon, 28 June 2004 08:22:54 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BOSQUE REDONDO" http://www.owlstar.com/dailyheadlines.htm http://www.daily-times.com/artman/publish/article_12264.shtml Navajo pilgrims spend a night among their ancestors By Valarie Lee/For The Daily Times June 28, 2004 FORT SUMNER - As the voluminous dark clouds disappeared in the far north, people spoke softly to each other. The only other sound was the tinkling of a bell worn by a small lamb, the pet of a tiny Navajo girl, and the wind's continuous blowing. Currently under construction is a 5,000-square-foot center that will allow a more in-depth discourse in regard to the history of the Navajo and their stay at Fort Sumner. Park Ranger Scott Smith said Phase 1 of the center is set to be completed in two months and, appropriately, the architect of the museum is a Navajo man named David Sloan. As the sun set in the west and night began to set in, the Long Run participants set up camp near the interpretive center. Tents were scattered on the lawn in front of the center and a microphone and speakers were set up for those who wanted to share their thoughts about the day. One elderly Navajo man shared a story about how hard it was living there at Hweeldi, but even harder was the walk home. The story originally was told by his grandparents. In Navajo, he said they lived on wild carrots, wild onions, prairie dogs, wild berries, horse meat and sometimes even donkey meat. Another Navajo man said he heard from his grandfather about how, when they were heading home, the cavalry provided an escort part of the way. Grandfather said some of the women and younger girls were raped and nine months later, they had babies from the soldiers. Some of those descendants (the babies) know about their heritage and while it's not exactly a shame, it's still a part of the history of the Navajo and served as another example of the brutality of some of the soldiers. Many gave talks about how grateful they were to come back and give thanks to their ancestors for being strong and endearing. Many of the talks mentioned how different it might have been if they never went to Hweeldi. Close to midnight, the talk session ended with some choosing to camp in tents near the museum, while others make their way back to Fort Sumner to sleep in motels. As the sun came over the horizon, many had already been up for over an hour. Some were habitual early risers and some wanted to offer prayers to the Navajo holy people. Several people said they didn't sleep well and sort of felt restless. For Leon Curley of Jamestown his stay was somewhat different. "I had a restless night. I had weird dreams, it seemed like I was going down a long road that never ends." Curley said this was his first time visiting Fort Sumner and, despite being warned about visiting, came anyway. "I was told this was a place that was forbidden and was best that we stay away. I thought it was going to be one big graveyard. What I seen was really different." Curley said his second day was better than the first. "Yesterday was kind of somber. Today it's different, everyone's laughing, joking and I think we came over our fears. It wasn't what I expected to see," Curley said in reference to the beautiful grounds and calm waters of the Pecos River. Arviso said she slept well and had nothing to fear. "We were being taken care of through the night, why should we fear our ancestors?" Arviso said in reference to comments made about how it was recommended that no one should sleep at the site. "My sister and I got up before dawn and offered prayers and made an offering. We felt good about all this and if there was any negativity, we didn't feel it, and we would've felt it," said Arviso, who came with her family and one small little lamb. "This is important to our children being. This is their history and here we are 136 years later, our ancestors were the strong ones and I say it's not a game we're playing and we're very sincere and some people don't want to accept that," said Arviso, who understands it's a part of life to have controversy. After a breakfast and closing remarks by park rangers and Long Run coordinators, the group headed back to Navajoland. They were given a warm welcome by the Sky City Casino and Miss Indian New Mexico, Pauline Shebala, and then made their way back to the capitol of the Navajo Nation, Window Rock, Ariz. As the bikers made their way into Window Rock, they were joined by dozens of other bikers who wanted to escort them to the Navajo Nation Veterans Memorial Park. Over 60 bikers in all arrived at the veterans park. Most people were happy to be home and were glad they went to Hweeldi. Others said they probably won't go back, but would encourage others to make the trip at least once. "I don't think I'd go back. Maybe my kids or grandkids, I'd rather have them go to learn a part of their history," Curley said. The Bosque Redondo monument is currently in the process of being completed as federal and state officials search for more money for the site. In 2002, the Defense Department gave $2 million to help with the completion of the monument. Copyright c. 2004 Farmington Daily Times, a Gannett Co., Inc. newspaper. --------- "RE: Navajo Nation seeks $900M for Water Settlement" --------- Date: Tue, 29 June 2004 08:48:11 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NAVAJO WATER" http://www.indianz.com/News/2004/003153.asp http://www.daily-times.com/artman/publish/article_12284.shtml Bingaman meets with Navajos on settlement By Jim Snyder/The Daily Times June 29, 2004 FARMINGTON - Navajo Nation Vice President Frank Dayish Jr. told U.S. Sen. Jeff Bingaman, D-N.M., the Navajo Nation will need the senator's help in getting approximately $900 million passed by Congress next year. The money is to build the Navajo-Gallup pipeline, to complete the Navajo Indian Irrigation Project and to fund other federal water projects tied to the proposed Navajo Nation water rights settlement on the San Juan Basin. The settlement seeks 55 percent of annual diverted water on the basin - more than 600,000 acre-feet. "We're only asking in terms of dollars - four days in Iraq," Dayish said. "The Navajo Nation is planning for an infusion of cash," he added, since the U.S. handed back sovereignty to the Iraqi people Monday and therefore would have more money for domestic use. "I wouldn't spend the money yet," Bingaman said, rhetorically asking if the U.S. spent less money in Iraq, did that make the settlement any less expensive? "We have a very difficult fiscal situation in Washington," he said earlier in the meeting Monday with approximately 20 Navajo and New Mexico officials at the Farmington Civic Center. "We're spending a lot more money than we're taking in. You can keep that up for a time but sooner or later it catches up to you." Bingaman, expected to co-sponsor the Navajo water rights settlement legislation next year with Sen. Pete Domenici, R-N.M., said the purpose of the meeting was to be briefed about what the Navajo Nation expected from Congress. Navajo Council Delegate George Arthur, chairman of the Natural Resources Committee, asked for Bingaman's intervention in getting the Bureau of Indian Affairs and the Department of the Interior actively behind the settlement. "We're getting mixed signals on the federal side," Arthur told Bingaman, adding, "The federal team has to play a role in the settlement." "Is the Department of the Interior involved?" Bingaman asked. "I think they're just aware this is going on," Dayish said. Navajo Water Commission Chairman Ray Gilmore told Bingaman a revised draft of the settlement could be publicly released this week or next. The original draft was released Dec. 5. The public submitted more than 300 pages in comments on what they wanted to see changed. The Navajo Nation, the Interstate Stream Commission and the state engineer have been negotiating - behind closed doors - on a revised draft since the spring. "There are a couple of kinks still we feel have to be negotiated," Dayish added. "We have to educate the public on the water settlement," added Interstate Stream Commission Chairman Jim Dunlap. "We cannot allow these outspoken critics to rule the day and not allow this to go forward." Navajo Council Speaker Lawrence Morgan added he might call a special session of the Council in mid-July so the 88-member Council can be briefed on the new draft and vote on it. The regular Council summer session is July 19-23 in Window Rock, Ariz. State Engineer John D'Antonio added the legislation could then be introduced to Congress in September. His office, however, does not expect the legislation to actually move forward until the 109th Congress meets next year. "Once we have something to review that would be the time to take some action on it," Bingaman said. "I'm very encouraged. Everybody's on the same page," he said to the Navajo and state officials. Bingaman said he was under the impression the meeting was public, however, Jack Scott, an Aztec resident, told The Daily Times he tried to attend but was told it was closed to the public. Jim Snyder: jims@daily-times.com Copyright c. 2004 Farmington Daily Times, a Gannett Co., Inc. newspaper. --------- "RE: PhD Project uses unique recruiting methods" --------- Date: Sunday, June 27, 2004 02:43 pm From: Kahente Subj: PhD Project uses unique recruiting methods Mailing List: Frostys AmerIndian http://www.indiancountry.com/?1088023816 Ph.D. Project uses unique recruiting methods June 23, 2004 by: James May / Indian Country Today SACRAMENTO, Calif. - For the past 10 years an ambitious project has sought to recruit minorities, including American Indians, to give up their careers to earn their business doctoral degrees in an effort to increase minority faculty at the nation's institutions of higher learning. Most such projects seek to recruit American Indians already in school and persuade them to go on to get higher degrees. The PhD Project, as it is commonly known, seeks to recruit people already in the professional world. The PhD Project is actually an alliance of several business groups, including, but not limited to the Ford Motor Company, the Fannie Mae Foundation and Merrill Lynch. The main player is the accounting corporation, KPMG, perhaps best known as a figure in the corporate scandals of the past few years. In January of last year KPMG was found guilty in court of fraud in a suit brought about by the Securities and Exchange Commission for their relationship with the troubled Xerox Corporation. Though no scholarship money is available through the PhD Project, funds are available through a charitable foundation set up by KPMG for candidates. "Obviously, the PhD Project helps attract minority students to business school but it also benefits whites as well," said KPMG president Bernie Milano. "Whites are helped when their first authority figure from a minority community doesn't occur when they go out into the business world." Billed as an "information clearinghouse for underrepresented minorities" the emphasis of the PhD Project is on business and their aim is to steer qualified minority candidates toward a business degree. The PhD Project began in 1994 and organizers of the project claim that they have more than doubled the number of minority faculty in business and accounting schools and has tripled the number of American Indians, though their numbers still lag fare behind their percentage of the overall population. For example, there are currently 33,000 business school professors and doctoral students. Out of these only 45 are American Indian. However, Ph.D. Project organizers claim that 10 years ago there were only 15 such people. The way the Ph.D. Project works is that it holds and annual convention each November in Chicago in which potential Ph.D. candidates from the various minority communities are invited to attend an intensive weekend- long conference complete with workshops that help to steer potential candidates through the Ph.D. process. After they are successfully admitted into Ph.D. programs, the candidates are then organized into four different groups according to their field of study, including Accounting, Finance, Marketing and Management. These groups are support networks that link candidates and mentors through an e- mail list where candidates can ask questions and receive help. Milano likes to refer to the project as an "aggressive marketing campaign" and maintains that advertisements are put out at African American colleges as well as through Hispanic MBA associations. American Indians, said Milano, are a little harder to recruit because of the relatively few professional organizations of American Indians as compared to other minority groups. Though the Ph.D. Project is advertised in several American Indian oriented publications, the project concentrates much of its effort in the American Indian community through the American Indian Science and Engineering Society (AISES), where Milano said that the group conducts recruiting efforts at its annual meeting. Matthew Rodgers, Oneida, attends Cornell University and is about a year away from his PhD in Management in Organizational Behavior. He was one of the candidates recruited through AISCES. He said that he was "enthralled" and wanted to make a contribution. "It's been a fantastic experience for me," said Rodgers, who said that he was so taken with the program that he now is involved in recruiting efforts for American Indian students. Perhaps the most difficult facts of economics for those that decide to get involved in the project is that many have to take pay cuts after being in the professional world. One such person is Gavin Clarkson, who is currently an assistant professor at the University of Michigan and found out the day after he was interviewed that he would be receiving his Ph.D. next month. Clarkson, an enrolled Chocktaw who also claims Cherokee ancestry, formerly ran a fairly lucrative software company with his mother in Austin, Texas. He formerly held a DBA, the equivalent of a master's degree from Harvard and was a perfect fit for the PhD Project. Despite the pay cut, Clarkson said that returning to academic life has allowed him to explore issues and ideas that the business world would never have allowed. For example, Clarkson is currently studying tribal economies and said that it was easy for him to find a niche in the academic world. One of the problems that he has uncovered in his Ph.D. studies is that lack of access tribes have to borrowing money and that unlike municipalities tribes have to pay higher interest rates. "This is the kind of thing that I could never have done in the business world. It's amazing how many aspects of tribal economies that have been untouched by academic study," said Clarkson. Clarkson estimates that African Americans make up the largest ethic group among PhD Project members. He muses that the reason that the PhD Project has had more success in recruiting African Americans is because of the deep roots in academics many in that group have because of the historically African American colleges. Clarkson, whose grandmother graduated from the University of Alabama in the 1920s, maintains that many American Indians do not have the same ties to academia. Currently many tribal colleges do not offer four-year degrees and the lack of deep historical roots in education is one of the barriers to creating an academic culture. A self-described, "nerdy Native" Clarkson said the organization is making a concerted effort to reach American Indians. "We're going to look everywhere to find other nerdy Natives," he said. For more information, visit http://www.phd project.com. Copyright c. 2004 Indian Country Today. --------- "RE: Citizens fight back after Indian sites looted" --------- Date: Tue, 22 June 2004 08:09:51 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="VANDALISM" http://www.signonsandiego.com/news/nation/20040622-0027-plunderingpast.html Citizens groups fight back after American Indian historic sites looted By Martin Griffith ASSOCIATED PRESS June 22, 2004 RENO, Nev. - Mysterious petroglyphs etched in hundreds of volcanic boulders east of Reno have survived the elements for centuries. Volunteers are now hoping the artifacts will survive the ravages of modern man. The American Indian artwork - depicting bighorn sheep and stick-people figures - is endangered by vandals and collectors as Nevada's sprawling growth and a soaring number of off-road vehicles have taken civilization to the doorstep of once remote backcountry sites. The volunteers are mobilizing to preserve the 4,000-year-old site in a corner of the parched Pah Rah Range claimed by the Paiute and Washoe tribes. They also are expanding their efforts across the state. "People are getting tired of a few people wrecking things that we love about Nevada," said Alanah Woody, an anthropologist at the Nevada State Museum and the executive director of the Nevada Rock Art Foundation. "We're serious about making people stop this." Woody's 400-member group plans to record Nevada's more than 1,000 rock art sites and set up a network of volunteers to ward off looters. Citizens groups like his - along with tribes and federal agencies across the West - are stepping up efforts to protect remote archaeological sites from thieves and vandals. Among other measures, the Bureau of Land Management plans to extend a higher level of federal protection to designated sensitive areas, qualifying them for extra law enforcement patrols, agency archaeologist Pat Barker said. Looting is widespread across the nation due to professionals looking for a big payday, particularly in the West, said Frank McManamon, chief archaeologist for the Park Service in Washington, D.C. "I think the cases are on the upswing," McManamon said. "But I think what we hear about is only the tip of the iceberg. These crimes often take place in remote areas like Nevada where they go undetected." The number of prosecutions for looting on federal lands averaged 230 a year from 1998 to 2001, almost four times the number from 1984 to 1998, the National Park Service reported. One of the largest archaeological cases ever investigated involved a five-member ring convicted of stealing more than 11,000 artifacts primarily in southern Nevada from 1997 to 2001. Its ringleader, Bobbie Wilkie, of Oklahoma City, was sentenced to three years in federal prison in December - the longest term ever for a first- time offender of the Archaeological Resources Protection Act. In another case, Jack Harelson of Grants Pass, Ore., is accused of stealing more than 2,000 relics from a cave in northern Nevada's Black Rock Desert in the early 1980s. In April, Harelson lost a bid to overturn a $2.5 million fine - the fourth largest ever assessed for archaeological theft. Among artifacts taken by looters were the bodies of a young boy and girl, and 10,000-year-old sandals that possibly were the oldest footwear found on Earth. Recently, two men were tried in federal court in Reno and convicted of stealing government property after two boulders bearing petroglyphs were found used as landscape ornaments in one of the men's front yards. Arlan Melendez, chairman of the Reno-Sparks Indian Colony, said tribal members are outraged and want more done to thwart thefts. Some tribes have closed archaeological sites on reservations to the public. "We're appalled at what's happening to sacred sites," Melendez said. "They remind us of where we came from and stimulate our mind as to what it was like before." With only 18 rangers for the 48 million acres it manages in Nevada - 67 percent of the state - the BLM acknowledges it can't fight looting alone. That's why the BLM and other federal agencies are trying to set up site stewardship programs statewide and hiring a full-time coordinator to oversee the programs. Having volunteers monitor sensitive sites has proved successful in other states, said Mark Michel, president of the Archaeological Conservancy based in Albuquerque, N.M. His preservation group acquires archaeological sites on private property. "With the tight federal budget, it's a trend to get the public involved to protect resources," Michel said. "A lot of other states are putting them in place, too. The only problem is that the more remote the place is, the more difficult it is to monitor." Archaeologists praised prosecutors and judges for aggressively pursuing cases against looters, saying they sent a strong message that it won't be tolerated. "This is a crime against history," said Fred Frampton, a U.S. Forest Service archaeologist. "It's like tearing the pages out of a history book not yet written." Copyright c. 2004 Union-Tribune Publishing Co. --------- "RE: Shooters target Pictographs" --------- Date: Tue, 29 June 2004 08:48:11 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="VANDALS SOUGHT" http://www.indianz.com/News/2004/003152.asp http://www.daily-times.com/artman/publish/article_12282.shtml Shooters target pictographs By Darren Marcy/The Daily Times June 29, 2004 DELGADITO CANYON - When Larry Baker made his last stop while leading a tour of early Navajo sites Thursday, he was excited to see the snakehead man, one of the pictographs on a wall of rock art in Delgadito Canyon. Instead, what he found sickened him. The site had been used as target practice with eight of 12 shots centering on the painted art on the sandstone rock wall. Pictographs are painted on the rock, as compared to petroglyphs, which are etchings in the rock. The damaged pictograph is found in a remote section of Delgadito Canyon, which is a side canyon off Carrizo Canyon in the Largo area east of Blanco. Bullet pocks can be seen in handprints painted on the walls and other figures. "I was really depressed and angry," Baker said. He is executive director of Salmon Ruins Museum. "It's such senseless vandalism." The panel that was damaged is estimated to be 300 to 400 years old and includes a human figure with something flowing from the top of its head. It could be a snake or hair or something else, but the significance of the site is clear to Jim Copeland, lead archeologist with the Bureau of Land Management's Farmington Field Office. "It could be commemorative or it could be telling a story," Copeland said of the BLM site. Copeland said the destruction was deliberate and pointed out a sign warning visitors to appreciate and preserve the site. "This thing was completely unmarred and untouched," Copeland said. "This is damage that can never be repaired." Tom Whitson, director of the Site Stewards Program for northwest New Mexico, said the rock art panel is essentially destroyed. "Eight of the 12 shots are in the painted area," Whitson said. "It pretty much destroyed an irreplaceable rock art panel." The Site Steward Program matches volunteers with pueblitos and rock art locations throughout the area. Volunteers visit the sites looking for damage - both man-made and natural - and report their findings to the appropriate land management agency. A site steward visited the site in early June and it was fine, Copeland said, meaning the damage occurred in the past two or three weeks. Copeland said evidence was collected at the scene and will be analyzed to try to find who is responsible for the destruction. If the value of the damage is determined to be more than $500, the crime will be a felony. "This clearly does," Copeland said. Although the rock art itself could be considered priceless, Copeland said, it will be very easy to prove the $500 threshold was topped because of the cost of the investigation, estimates for conservation techniques and restoration, if that is done. The bullet holes chipped out a piece of rock at impact. Filling in the bullet wounds wouldn't work, Copeland said, and the best effort could only disguise the damage somewhat to make it less noticeable. "To do nothing can often send the signal that nobody cares," Copeland said. The BLM would consult with the Navajo Nation before any repairs would be initiated. "In some cases they've asked us to just leave it alone and let it stand as a testimony to ignorance," he said. Whoever is responsible for the damage could face federal charges for destruction of federal property and for a violation of the Archeological Resources Protection Act. Beyond the legal violations, Baker said the act was senseless destruction of an important piece of American history, comparing the vandalism to someone shooting up the Lincoln Memorial. "We're not just talking about our New Mexico heritage or talking about our Four Corners heritage, we're talking about our national heritage," Baker said. "This is a nonrenewable resource. I'm truly outraged and it's got to stop." Copeland said the remote nature of the rock art site and others like it usually provides some protection. In many ways the remoteness of these canyons has helped these drawings escape this type of behavior," Copeland said. "This kind of damage, particularly way out here in the canyons, isn't particularly common." ---- Anyone with information on the pictograph destruction can call Crime Stoppers at (505) 334-TIPS. Callers can remain anonymous and could earn a reward. Information: Copeland, (505) 599-8900. Darren Marcy: darrenm@daily-times.com Copyright c. 2004 Farmington Daily Times, a Gannett Co., Inc. newspaper. --------- "RE: New Tribal look" --------- Date: Thursday, June 24, 2004 02:06 am From: Chris Milda (_Akimel O`odham_) http://www.dailystar.com/dailystar/news/26823.php Nine reservations in Arizona are now headed by women By Stephanie Innes ARIZONA DAILY STAR June 20, 2004 Herminia Frias on June 10 became the first woman ever elected to the job of leading the Pascua Yaqui Tribe of Arizona, but statewide she's got company - nine of the state's 22 federally recognized tribes have female leaders. The second- and third-largest Arizona tribes in terms of membership, the Tohono O'odham Nation and the Pascua Yaqui Tribe of Arizona - both with reservations in the Tucson area - have each broken with a long history of patriarchal tribal governments to elect chairwomen instead of men. The Navajo Nation, which is the state's largest American Indian tribe in terms of both membership and size, has yet to elect a female leader. Frias' election to lead the Pascua Yaqui Tribe, which has a tiny square- mile reservation 15 miles southwest of downtown Tucson, ends a tribal history of male leadership not only in government, but in culture as well. "Culturally and traditionally speaking, we're not accustomed to having women leaders, but she's definitely got my support. I think some elders are just stuck in old ways of thinking," said 27-year-old Francisco Valencia, treasurer for the newly elected Pascua Yaqui Tribal Council. "I've heard from a lot of mothers already who say their daughters didn't know a woman could be the chair of the tribe," said Frias, 31, whose tribe has about 14,000 members. "It brings a different perspective and it doesn't take anything away from the men." Vivian Juan-Saunders last year became the first chairwoman of the 28,000-member Tohono O'odham Nation, which has nearly 3 million acres of reservation land southwest of Tucson. "For me in my generation, I was starting to see windows of opportunity but it was such that we had to take it one step at a time," said Juan- Saunders, 44. "It didn't happen overnight and took a lot of work to get to a comfort level, especially the elders, where they could see women in these very important leadership roles. . . . It's my feeling that people still are getting used to me being elected, even a year later." Two other American Indian tribes in Arizona have also recently broken tradition by electing women leaders - in December 2002 Joni Ramos was inaugurated as the first woman elected as president of the Salt River Pima-Maricopa Indian Community in Scottsdale, and in January 2003 Kathleen Wesley-Kitcheyan became the first chairwoman of the San Carlos Apache Tribe in San Carlos. Juan-Saunders said women have always played a key role in overall tribal communities. But in many tribes political leadership roles were a long established job for men. Young women like Frias are going to permanently change such stereotypes, she said. "It's the same thing that's been happening in the private sector in the last few years - you know, the good ol' boy network is slowly coming apart, " said Kermit Palmer, administrator for the Cocopah Tribe in Somerton, which elected its first female leader - Sherry Cordova - during the 1990s. Cordova still holds the job. Frias, who is known by the nickname "Minnie," did not enter this year's Pascua Yaqui Tribal Council election with the intention of making history. She had initially hoped to gain one of the tribe's 11 council seats - no easy task itself since 66 candidates were in the running. But once she'd gained a council seat, Frias threw her name in the ring for chairwoman and to her surprise, she won. "It is different, I know that. It was a shock to the community and to myself. But I think it has inspired people, having all this diversity," Frias said. Culturally, Yaquis grow up seeing men in key tribal leadership roles. One of the hallmarks of Pascua Yaqui culture is its annual Easter Ceremony, which blends Catholicism and traditional Yaqui spirituality and is performed predominantly by male tribal members who are part of revered all-male "societies." Throughout the year, ceremonial events for the Yaquis are in the hands of the societies. Women and girls have roles in the Easter ceremonies but they are less prominent. And men have always run the Pascua Yaqui government. "The changes are harder for our elders, I believe," said 32-year-old Priscilla Flores, one of three women, including Frias, elected to the new Yaqui council. "But I think we will all see results within six months. All of us on this council are open to listening. . . . I think this election showed that demographics are changing and no disrespect to the tribe, but some change is needed." Frias is the first elected chairwoman but not the first woman to lead her tribe. In 1994 Octaviana Trujillo, a tribal vice chairwoman, automatically ascended to the top post after the sudden death of then- Chairman Albert V. Garcia. But Trujillo lasted just two months in the job before she was voted out in favor of Arcadio Gastelum. Frias anticipates keeping her job at least through her four-year term, if not longer. As chairwoman, she leads a Tribal Council whose mission is to ensure the well-being and advancement of the tribe through self- government. Among the council's top jobs is overseeing the tribe's two casinos and the distribution of casino profits. Bernard "Bunny" Fontana , an anthropologist and retired Arizona State Museum ethnologist, noted that strong female American Indian leaders are not unprecedented. In Arizona, they have included Viola Jimulla of the Yavapai-Prescott Tribe, the first woman ever to become chief of a North American tribe. She served as chief from 1940 until her death in 1966 and was known for advocating equality for indigenous people. Fontana also cited Nora McDowell, the current chairwoman of the Fort Mojave Indian Tribe, who has long been an outspoken advocate for American Indian rights. "My impression is that on most reservations, people are looking, for a lack of a better term, for educated leadership - someone who can cope with the outside world," Fontana said. "I don't think it's a coincidence that these two women (Juan-Saunders and Frias) both have solid college education." The new Pascua Yaqui council includes four former chairmen but is overall a younger group than previous years, with four members under age 35, and more than half of the council members have college degrees, signaling a more educated council. Frias, a Cholla High School graduate, holds a degree in biochemistry from the University of Arizona, is completing a master's in public health, also from the UA, and until she made the decision to run for tribal council she'd been preparing to apply to medical school - something she hasn't ruled out for the future. In 2002, Frias was awarded a Kaiser Family Foundation Native American Health Policy Fellowship and worked in Washington, D.C., as an aide to Rep. Tom Udall, D-N.M. She also spent two years as a tribal social worker and is well-acquainted with stressors that continue to be serious problems for American Indians across the country - poverty, teen pregnancy, lack of education and unemployment. Frias says her experience in social work will affect her work as chairwoman. Before making any decision she will seriously weigh the impact on families, she said. One of six children, Frias grew up in Tucson and spent a lot of time in Old Pascua near I-10 and Grant Road and on the tribe's reservation land, called New Pascua Pueblo. Frias said she's been too busy to think about settling down. "My family is great. They always say, 'No Minnie, you wait, you can borrow our kids,' " Frias said. "Someone once asked my dear grandma, who just passed away, they asked her if she wanted me to hurry up and marry and have children. Grandma said, 'No! Minnie is a career woman. Minnie has work to do, changes are needed. Minnie needs to be out there making those changes.'" Contact reporter Stephanie Innes at 573-4134 or sinnes@azstarnet.com. Copyright c. 1999-2004 AzStarNet, Arizona Daily Star and its wire services. --------- "RE: Sharing a Tradition" --------- Date: Fri, 25 Jun 2004 23:21:00 -0700 From: "Chris Milda (_Akimel O`odham_)" Subj: SHARING A TRADITION: O'odham's fruitful harvest: Indian educators learn to pick saguaro fruit Mailing List: News & Info Distribution http://www.tucsoncitizen.com/~3Dlocal&story_id=3D062304a4_saguaro SHARING A TRADITION: O'odham's fruitful harvest Indian educators learn to pick saguaro fruit PAUL L. ALLEN pallen@tucsoncitizen.com June 23, 2004 American Indians from around the United States and Canada are lending a hand with this year's saguaro fruit harvest. The traditional annual event dates to the hunter-gatherer era among the Tohono O'odham of southern Arizona and northern Mexico's Sonora state. The helpers are participants in the University of Arizona's American Indian Language Development Institute, now in its 25th year. They are educators who work with American Indian children, and the event gives them a taste of the local beginning-of-summer cultural practice as part of a four-week summer program here. O'odham tribal member Stella Tucker, 56, has harvested the fruit at her family's camp in Saguaro National Park-Tucson Mountains District for many years, following in the footsteps of her grandmother, the late Juanita Ahil. Regina L. Siquieros, senior program coordinator for the UA institute, said it is important for the students to become familiar with each other's traditions. "We share methods," she said. "These are people who touch the lives of our children." As tribal members have done for centuries, Tucker and family members, as well as friends, detach the fruit from the ends of saguaro arms with a long, wooden tool called a ku'ipaD. It is fashioned from two saguaro ribs, these days joined with baling wire and topped with a cross-piece made of creosote wood, also attached with wire. The fruit is caught in buckets or picked up from the ground, pods slit open with the sharp edge of its stem and the fruit - a rich red color, with round black seeds - is saved. Once back at camp, the pulp is cooked, then strained through screen and cheesecloth to remove fiber and seeds. The resulting juice is cooked over a mesquite fire to thicken it into a syrup that can be eaten as is, or made into jams, jellies or wine. The fiber and seeds are dried - the fiber used to thicken jams, and the seeds ground up to thicken gravies and other foods. This year's teacher-students had two hours of hands-on experience, coming to Tucker's camp at 6 a.m. Monday to take advantage of the cooler morning temperatures. Some found just a few minutes of the work to be sufficient, but others were more enthusiastic and worked longer, Tucker said. One of the "guest pickers," Clyde Vincenti, an Apache from Dulce, N.M., in the Four Corners area, smiled as he manipulated one of the cactus-rib picking tools. "I saw pictures, but I never thought I'd be doing this," he said. Tucker is one of the few O'odham who continues the tradition. She spends about six weeks a year at the harvest camp - something she is able to do because her job with the San Xavier Mission School allows her a 2 1/2- month hiatus each summer. This year's harvest is lighter and later than usual, she said, because of the weather. She keeps some of the saguaro syrup for herself and relatives and distributes some to tribal elders no longer able to participate in the harvest. Copyright c. 2004 Tuscon Citizen. --------- "RE: Kids learn ancient ways at Hohokam Experience" --------- Date: Fri, 25 Jun 2004 23:18:32 -0700 From: "Chris Milda (_Akimel O`odham_)" Subj: Kids learn ancient ways at Hohokam Experience Mailing List: News & Info Distribution http://www.azcentral.com/arizonarepublic/~/0623bored0623Z5.html Kids learn ancient ways at Hohokam Experience Mikaela Crank The Arizona Republic June 23, 2004 A room of 15 kids scrambled for glitter, glue, paper and markers. The chaos didn't seem to bother 11-year-old Nick Rossman's concentration as he painted and assembled his Hohokam village. "It's my third time here, and I like the arts and crafts. I enjoy painting," he said. The Hohokam Experience Camp kicked off its 26th year at the Pueblo Grande Museum and Archaeological Park last week. Children ages 7-14 can become an archaeologist in a different themed camp each week through July 29. The four-day camps focus on various aspects of the Hohokam people. Three instructors guide the half-day camp. Last week's theme was "A Week in the Life of a Hohokam," and participants explored how the ancient Hohokam survived in the desert. They created their own village, dug a canal and made arrowheads and shell necklaces. They strolled through the museum's exhibits and realistic village. "It's a great educational experience," said Stacey Ray, the museum's visitor services supervisor. "They (kids) learn about history through a different style setting, unlike the usual classroom. The kids get to walk away with knowledge and understanding of the Hohokam. They also get to have a lot of fun." Participants are recommended to bring water, use sunscreen and wear comfortable shoes and clothes. Snacks, drinks and supplies are provided at the camp. Registration is limited to 30 kids per week and can be done over the phone. "We would like more kids to join," Ray said. "It's a chance to learn about the prehistoric past and have a good time." Reach the reporter at mikaela.crank@arizonarepublic.com or (602) 444-4968. Copyright c. 2000-2004 Arizona Republic. --------- "RE: Quebec Native Women offer Mediation" --------- Date: Mon, 28 June 2004 08:22:54 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="KANEHSATAKE" http://www.easterndoor.com/story2.htm Quebec Native Women Offer Mediation By: Kenneth Deer Eastern Door Volume 13 Number 22 June 18, 2004 The Quebec Native Women's Association has offered mediation for the ongoing situation in Kanehsatake and it has received both positive and negative responses. Ellen Gabriel, president of the association, announced that, because of pressure from some of the members of the association, the have proposed that Patricia Gabel of the Institute of conflict Transformation and Negotiation at Concordia University try to mediate the situation. "We are inviting all members of the Kanesatake Band Council to participate, within a neutral and safe environment to have their voices heard and resolve their conflicts," said Gabriel. "It is important to all residents of Kanehsatake that this process be met with open minds and a willingness by all parties to participate through a neutral party." Gabriel, who is also a resident of Kanehsatake, hopes that the mediation will eventually include Native people from other communities to help with the cultural aspects of the process. "Myself and the association are not part of the mediation team. We are only offering the services of Patricia Gabel and her vast experience. It is up to the participants to find the right combination of people that are acceptable to all," said Gabriel. Gabel is an American international lawyer who has been in practice for 30 years. She has a consulting practice in conflict analysis and trained at Harvard University at the Center for International Affairs. She is a special adviser on conflict analysis and management also teaches a graduate seminar on conflict transformation. Gabriel stated that she has had positive responses from both the Quebec Ministers of Public Security, Jacques Chagnon, and Native Affairs, Benoit Pelletier, as well as the vice-chief Ghislain Picard of the AFNQL. Also, importantly, Grand Chief James Gabriel and Chiefs Doreen Canatonquin, Marie Che'ne', and Clarence Simon have welcomed the offer of mediation. In a press statement, they said that they support any objective, just, fair and rigorous process that will contribute to the return of security to their territory. However, not all parties are happy with the process. Chief Steven Bonspille said that he and the other Chiefs have not yet received an invitation or any material on the process. "We took a step back and decided that we don't need mediation at this time. We believe an election will resolve everything," said Bonspille. "We are not going to the meeting scheduled for Friday with Ministers Pelletier and Chagnon. We asked to meet with them before and they refused. What has changed now, that they want to meet?" Bonspille went on to state that the mandate to mediate has to come from Kanehsatake. Ellen Gabriel said that the mediation process has nothing to do with the elections. The purpose is to bring peace and security to the community. The election procedures are not tied to the mediation process. No dates have been set for the election. The first meeting to explain the mediation process is to happen today but Chiefs Bonspille, John Harding and Pearl Bonspille from Kanehsatake will not attend. easterndoor@axess.com Copyright c. 1997-2000 The Eastern Door - Kahnawake, QC, Mohawk Territory. --------- "RE: Keetoowah Band Council to continue Impeachment" --------- Date: Thu, 24 June 2004 08:25:23 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="UKB COUNCIL IGNORES STAY ORDER" http://www.owlstar.com/dailyheadlines.htm http://www.newsok.com/cgi-bin/show_article?ID=1269844 Keetoowah Band Council to continue impeachment The Associated Press June 24, 2004 MUSKOGEE - Eight members of the United Keetoowah Band Council say they will move forward with impeachment proceedings for two elected tribal officers despite a temporary restraining order signed by a tribal judge. Tribal Judge Dewayne Littlejohn issued the restraining order Saturday against the council's action. Council members voted 8-3 in favor of impeaching Keetoowah tribal Treasurer Julie Moss and tribal Secretary Ernestine Berry. Officials allege Moss is a member of the Keetoowah Band and the Cherokee Nation and violated Keetoowah laws by taking office and not giving up her Cherokee membership. Moss is also accused of not keeping adequate records, mishandling funds and concealing an audit from the tribal council. Berry has been accused of violating tribal bylaws in attaining her position, not keeping adequate records, unauthorized approval and signature on various legal documents without council approval and abuse of power. Both voted against the resolution earlier this month. Tribal Rep. Eddie Sacks also opposed the resolution. "I voted against it because it's unconstitutional," Sacks said. "I believe a lot of it is politically motivated." Tribal Rep. Don Adair, however, said regardless of Littlejohn's restraining order, the Keetoowah council "is the governing body" and has broad powers - including the establishment of rules, regulations and laws. There is no mandate for a court system in the UKB Constitution and bylaws. Copyright c. 2004 NEWS 9/The Oklahoman, Produced by NewsOK. --------- "RE: Indian Burial Ground discovered" --------- Date: Wed, 23 June 2004 08:14:38 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BAY AREA CONSTRUCTION SITE" http://www.owlstar.com/dailyheadlines.htm http://www.signonsandiego.com/news/state/20040622-1409-ca-indianremains.html Indian burial ground discovered at Bay Area construction site ASSOCIATED PRESS 2:09 p.m. June 22, 2004 LAFAYETTE - A centuries-old American Indian burial ground has been discovered at a construction site east of San Francisco, offering new clues about the people who inhabited the region long before the Spanish arrived. About 80 sets of human remains and artifacts have already been unearthed, and at least as many are believed to be hidden beneath Lafayette's Hidden Oaks housing development, where two dozen upscale homes are planned. Construction on the two-acre site was halted last week when the first remains were uncovered, so Lafayette officials could review the project and ask experts to study the discovery's significance. Archeologists said they may have found one of the San Francisco Bay area's last, mostly intact Indian burial sites of significant size. Among the items recovered are projectile points, stone mortars and beads. "I would not be surprised if in the inner Bay Area ... I never saw another one of this caliber for the rest of my life," Allen Pastron, an Oakland archaeologist who is leading the dig, told the San Francisco Chronicle. The area where the remains were found was the site of a sacred burial ground more than 1,000 years ago. It was declared an archaeological site a century ago, and bones and artifacts have routinely surfaced since. The site once bordered the territories of the Miwok and Ohlone tribes, but it's still unclear to which tribe the human remains belong. The archeologists believe American Indians lived in the area between 1000 and 1400 and abandoned it about three centuries before Spanish started building missions throughout California in the late 1700s. The find could offer new insight about how Bay Area natives lived, what they ate, what tools they used, with whom they traded and how far they traveled, Pastron said. Archeologists would not disclose where the remains have been sent or the site's exact location, fearing that looters might dig up artifacts left behind when construction resumes. Larry Myers, executive secretary of the California Native American Heritage Commission, said he hadn't heard about Hidden Oaks, but regretted that the remains had to be disturbed and the homes built. "In a perfect world what they should do is redesign the project," Myers said. "Can't we honor burials that are here by putting them in a park or something?" The Hidden Oaks discovery isn't the first major burial site found in the Bay Area. In 1997, 275 sets of human remains were unearthed in San Jose, and a 2,000 year-old Indian shellmound was discovered in Emeryville in 1999. Copyright c. 2004 The San Diego Union-Tribune, Union-Tribune Publishing Co. --------- "RE: Judge rejects Wadena's challenge of election" --------- Date: Thu, 24 June 2004 08:25:23 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ELECTION RESULTS STAND" http://www.owlstar.com/dailyheadlines.htm http://www.duluthsuperior.com/mld/duluthsuperior/8997514.htm Judge rejects Wadena's challenge of White Earth election Associated Press June 24, 2004 MAHNOMEN, Minn. - A judge on Wednesday upheld the election of White Earth tribal chairwoman Erma Vizenor, rejecting claims of voting irregularities coming from her opponent, former chairman Darrell "Chip" Wadena. Wadena accused Vizenor of receiving votes from deceased and non-enrolled tribal members and from absentee voters who did not request ballots. He also accused the tribe's election board of misconduct in the June 8 election, which he lost by 611 votes. During a two-hour hearing at the Shooting Star Casino in Mahnomen, Betty Laverdure, a judge from the Turtle Mountain Reservation in North Dakota, listened as Wadena lodged 11 complaints. In the end, Laverdure rejected all of Wadena's challenges. Wadena said after the hearing he may file a second appeal for review by a panel of judges from other Minnesota Chippewa bands. Vizenor, 59, said she was pleased Laverdure confirmed "the credibility of our elections." Vizenor received 59.4 percent of the vote to defeat Wadena by a margin of 1,930-1,319. Wadena took more votes on the reservation, but Vizenor captured an overwhelming majority of absentee votes - 879 compared with 176 for Wadena - many of which are cast by members living off the reservation. Wadena, 65, was the most prominent American Indian leader in Minnesota for more than two decades - before his 1996 conviction in federal court for bid-rigging and other crimes related to his tribe's casino gambling business. Released in 1998 after serving nearly three years in prison, Wadena said earlier this month he had not heard he's a target of an investigation into an alleged title fraud scheme used to register vehicles on the White Earth and Red Lake reservations. But Wadena, who said he buys and sells used cars, alienated members of the White Earth council when he blamed the tribe for any faulty titles he might have had. Copyright c. 2004 Duluth News Tribune. --------- "RE: Northern Cheyenne Riders to honor Ancestors" --------- Date: Fri, 25 June 2004 08:33:48 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NORTHERN CHEYENNE RIDERS" http://www.billingsgazette.com/~/build/wyoming/55-riders.inc Northern Cheyenne riders to honor ancestors June 25, 2004 Between 25 and 50 Northern Cheyenne riders will mount their horses at 8 a. m. today and head for Little Bighorn Battlefield National Monument. They will gather at the Northern Cheyenne-Crow reservation line at Busby and expect to arrive at the battlefield's new Indian Memorial by mid- afternoon. Once there, tribal members will conduct ceremonies honoring ancestors who died in a pitched battle with the Seventh Cavalry, Winfield Russell, a leader of the group, said. Other riders from the Dakotas have arrived and plan to participate at Friday's commemoration of the 128th anniversary of the June 25, 1876, Battle of the Little Bighorn. A color guard of Northern Cheyenne veterans will lead the procession from the battlefield gate to the Indian Memorial at 10 a.m. Friday morning. Copyright c. The Billings Gazette, a division of Lee Enterprises. --------- "RE: Utah High Court OKs non-Indian Peyote use" --------- Date: Wed, 23 June 2004 08:14:38 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MEDICINE DECISION" http://www.owlstar.com/dailyheadlines.htm http://www.guardian.co.uk/uslatest/story/0,1282,-4234230,00.html Utah High Court OKs Non-Indian Peyote Use By DEBBIE HUMMEL Associated Press Writer June 23, 2004 SALT LAKE CITY (AP) - The Utah Supreme Court ruled Tuesday that non- American Indian members of the Native American Church can use peyote in religious ceremonies. In a unanimous decision, the court found in favor of a couple charged in 2000 with drug distribution for providing peyote to members and visitors at their church in Benjamin, about 50 miles southwest of Salt Lake City. Officers confiscated about 12,000 peyote buttons from the six-acre complex that serves as home to the Oklevueha Earthwalks Native American Church. James and Linda Mooney were charged with more than 10 first-degree felony counts of operating a controlled-substance criminal enterprise and one second-degree count of racketeering. They were never tried, and Tuesday's ruling stemmed from a defense request to dismiss the case. Federal law allows tribal Indians and members of the Native American Church to use peyote in religious ceremonies. The Mooneys' church is affiliated with the Native American Church, though they are not members of a federally recognized tribe. Attorneys for the state argued there is no exception in state law for the use of peyote by Indians and said that even if the court ruled there was such an exception, it could not be extended to cover non-Indians. The high court ruled that state law incorporates the federal regulation but does not specify a restriction on peyote use only by members of federally recognized tribes. Use of the hallucinogenic drug is limited to bona fide religious ceremonies as part of the Native American Church, Justice Jill Parrish wrote. The court also said that permitting the exemption for some church members and not others would violate the equal-protection clause in the United States Constitution. James Mooney said in a statement released by his attorney that the decision "will help to preserve the religious diversity on which our nation and this state were founded." Assistant Attorney General Kris Leonard said her office had not fully reviewed the opinion. Guardian Unlimited Copyright c. 2004 Guardian Newspapers Limited. --------- "RE: YELLOW BIRD: Tribal Governments can work" --------- Date: Mon, 28 June 2004 08:22:54 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="YELLOW BIRD: TRIBAL GOVERNMENTS" http://www.grandforks.com/~/dorreen_yellow_bird/9017262.htm DORREEN YELLOW BIRD COLUMN: Despite their faults, tribal governments can work June 26, 2004 During another time in my life, I managed a tribal newspaper and radio station in New Town, N.D. I was ousted from my position as executive director because I didn't agree with the tribal chairman. After a few years in office, the chairman apologized to me for what had happened. What were my misdeeds? Recording tribal council meetings and reporting on some questionable situations in the tribe. Because of the authority and jurisdiction of the tribe, there was no court that would or could take a "freedom of the press" case. I threw up my hands, disillusioned, then walked away with an armload of documents for a case that never would see the light of day. The Supreme Court's April decision in "U.S. v. Lara" is one that affirms tribal authority - perhaps the same authority that violated my rights to be heard in a court. The Lara case is complicated. Here are some facts. Billy Jo Lara, a member of the Turtle Mountain Band of Chippewa in Belcourt, N.D., lived or was arrested on the Spirit Lake reservation at Ft. Totten, N.D. He was arrested for punching a police officer and was forbidden to set foot on the Spirit Lake reservation. One of the questions that arose is, Can Indian tribes prosecute nonmember Indians? In deciding Lara, the court "affirmed tribal authority to prosecute all Indians, regardless of affiliation, for crimes that occur on the reservation," according to a news report on the Web site, www. Indianz.com. In other words, the decision supports tribal sovereignty. That decision has brought forward other cases that challenge the jurisdiction of tribes. American Indian Movement activist Russell Means is challenging the Navajo Nation's jurisdiction to prosecute him for an alleged assault. One of the groups that disagrees with the court's decision is the Citizens Equal Rights Alliance of Ronan, Mont. The alliance "is an educational and legal advocacy organization dedicated to promoting equal protection of the law for all citizens," according to www.citizensalliance. org, the group's Web site. The group opposes tribal sovereignty. It says, "Federal Indian policy is unaccountable, destructive, racist and unconstitutional." Tribes should not have special laws and protection, according to the alliance. And you might think I would agree with them, after my skirmish with the tribe. But I don't. When this nation was developing a system of government, tribal nations had tight and well-organized governments. Historical documents indicate these systems were thousands of years old and seemed to work well. Many of the tribal governments changed with disruption from war and disease that took large number of their people including leaders. Their lifestyles and culture were at risk. In the 1930s, the federal government told tribes they must develop a system of government like the federal system, including a constitution and bylaws. At first, those new tribal governments were loosely organized with tribes still maintaining some of their old systems. At the Three Affiliated Tribes in New Town, N.D., men had to be recruited into new federally developed governments. They didn't want to be council members or chairmen; they still were organized by chief, band or clan leaders and medicine men and women. The old systems helped maintain the culture and language of the people. That was more than 60 years ago. Today we are well entrenched in systems similar to those in the rest of the nation. In fact, as we become more assimilated, the lines between tribes and the rest of the nation seems to be melting and blurring. Tribal governments today are not unlike city, state and federal governments in structure. The cry of the CERA is that tribes and the rest of the nation be one - under one law. But state and city governments are not "one." For example, Moorhead, Minn., recently passed a law banning smoking in public places. It affects that city but does not affect Fargo across the river. North Dakota's hunting laws differ from Minnesota. In other words, city by city and state by state, laws govern different units of government differently. In many ways, that is not unlike a tribal government, although tribal governments are more like separate nations. For tribes, sovereignty will maintain who we are. Tribes should, however, heed the warning: They need to tighten individual laws and root out corruption. We need be an example for what a good government is, not a target for those who want to erode sovereignty. ----- Yellow Bird writes Tuesday and Saturday columns. Reach her at 780-1228, (800) 477-6572 ext. 228 or dyellowbird@gfherald.com. Copyright c. 2004 Grand Forks Herald/Grand Forks, ND. --------- "RE: Sahtu and Metis mark Land-claim Anniversary" --------- Date: Wed, 23 June 2004 08:14:38 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SAHTU DENE/METIS" http://www.owlstar.com/dailyheadlines.htm http://north.cbc.ca/regional/~nwt-sahtucelebrate06232004 Sahtu mark land-claim anniversary June 23, 2004 YELLOWKNIFE - Sahtu Dene and Metis people are celebrating 10th anniversary of the signing of the region's land claim. Many people are marking the day off from work with feasts and drum dancing. Under the agreement, the Sahtu people own and manage 41,000 square kilometers of land. It also gives them $75 million over 15 years. In the last decade, the Sahtu has gained control over the environmental board and renewable resources. This also marks the time when the agreement has to be reviewed. But the last ten years haven't been without struggles. There have been some challenges implementing the land claim over mineral rights and royalties from oil and gas revenues. --- sidebar: The Sahtu Dene Metis Comprehensive Land Claim Agreement Background: In July 1993, the Sahtu Dene and Metis approved the Sahtu Dene Metis Comprehensive Land Claim Agreement, which was subsequently approved by the governments of Canada and the Northwest Territories and signed on September 6, 1993 in Tulita (formerly Fort Norman). The Sahtu Dene and Metis Land Claim Settlement Act came into effect on June 23, 1994. The Land Claim Agreement can be accessed here. Features: The agreement provides the Sahtu Dene and Metis with title to 41,437 square kilometers of land in the Northwest Territories, an area slightly larger that Vancouver Island. Subsurface rights are included on 1,813 square kilometers of this land. In addition, the Sahtu Dene and Metis will, over a 15 year period, receive financial payments of $75 million (in 1990 dollars) and share the resource royalties paid to governments each year in the Mackenzie Valley. The agreement confirms hunting and fishing rights of the the Sahtu Dene and Metis throughout the Sahtu Settlement Area (SSA), and establishes their exclusive trapping rights. The agreements guarantees the Sahtu Dene and Metis participation in institutions of public government for renewable resource management, land use planning and land and water use in the SSA, and participation in environmental impact assessment and review in the Mackenzie Valley. The Agreement also provides for negotiation of self-government agreements that will be brought into effect through federal and/or territorial legislation. Copyright c. 2004 CBC. --------- "RE: Aboriginals'opposition to Tories mounting" --------- Date: Thu, 24 June 2004 08:25:23 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ANTI-TORIES MOVEMENT" http://www.owlstar.com/dailyheadlines.htm http://www.theglobeandmail.com/~/ELECNATIVES24//?query=aboriginal Aboriginals'opposition to Tories mounting Leaders fear minority government led by Conservatives will erode native rights By KIM LUNMAN June 24, 2004 OTTAWA - Native leaders across Canada are mounting political opposition to the Conservatives, fearing a Tory-led minority government will erode aboriginal rights. In recent days, native leaders across Canada have publicly endorsed the Liberal Party while Cree leader Ted Moses backed the Bloc Que'be'cois, saying the party would be a boon for Quebec natives in a minority government situation. The Anishinabek Nation, which represents 45,000 aboriginals in Northern Ontario, the Me'tis Nation of Ontario and the Manitoba Me'tis Federation have all publicly endorsed the Liberal Party. Phil Fontaine, National Chief of the Assembly of First Nations, has said he will not endorse a party in Monday's election but made it clear at a news conference in Ottawa this week that he has serious concerns Conservative Leader Stephen Harper has not spelled out a comprehensive aboriginal agenda. Native leaders are worried that a Conservative-led government will mean cuts to funding for aboriginals, said Penticton Indian Band Chief Stewart Phillip, president of the Union of B.C. Chiefs. He also had some criticism of the Liberals. "It's a Catch-22 for first nations people," he said. "On the one hand, we're faced with facing off with a Conservative government. Yet we can't afford another 10 years of broken promises." Joe Dion, former chief of the Kehewin Cree Nation and a Liberal candidate in northern Alberta, said the Tories don't have a solid platform to address native issues. "It scares first nations big time," said Mr. Dion, whose Westlock-St. Paul riding has 15 per cent aboriginal population. While the Liberals have faced opposition from aboriginals for not implementing recommendations from the 1996 Royal Commission on Aboriginal Peoples, Mr. Dion said Mr. Martin has demonstrated a commitment to natives. "Paul Martin has made it clear aboriginal issues are a top priority." But William Stairs, a Conservative strategist, said the Tories' platform on aboriginal issues is "very positive." This week Manitoba Me'tis leader David Chartrand compared a senior Harper adviser to Adolf Hitler for his views on aboriginal affairs. He made the comment about Calgary academic Tom Flanagan at a news conference to endorse the Liberals. The remark was denounced by Mr. Fontaine as "completely unacceptable" and offensive. But at the same time, Mr. Fontaine described the views of Mr. Flanagan as racist. In his 2000 book First Nations? Second Thoughts, Mr. Flanagan argues that Indians don't deserve special treatment. Mr. Harper has said he accepts the constitutional rights of natives respects the fact that treaty rights are enshrined. "We are concerned about the lack of attention on native issues in this federal election," Mr. Fontaine said. Noting that the native vote could sway the results of the close election race, he encouraged aboriginals to cast a ballot. NDP native affairs critic Pat Martin said aboriginal issues are not a priority for the Tories. "The Conservatives have gone to ground on this issue for the very reason they're concerned about the zealots in their party." The Liberals have created a permanent cabinet committee on aboriginal affairs. In April, the Prime Minister and 26 cabinet ministers met with senior members of the aboriginal community to set an agenda for action. Copyright c. 2004 Bell Globemedia Publishing Inc. All Rights Reserved. --------- "RE: Martin celebrates National Aboriginal Day" --------- Date: Fri, 25 Jun 2004 01:16:37 -0000 From: "frostyca2000" Subj: Martin celebrates National Aboriginal Day; Manitoba Aboriginal groups back Liberals Mailing List: Frostys AmerIndian Martin celebrates National Aboriginal Day; Manitoba Aboriginal groups back Liberals June 21, 2004 Prime Minister Paul Martin takes part in a drumming circle HUNTSVILLE - The Assembly of Manitoba Chiefs (AMC) and the Manitoba Metis Federation took an unprecedented step today by throwing their full support behind Paul Martin and the Liberal Party, saying they cannot support a party like the Alliance-Conservatives whose senior advisor does not support Aboriginal people. In a statement released by the AMC, Grand Chief Dennis White Bird stated that the Liberal Party best represents a Canada that respects diversity, rights and Aboriginal people. "If we put our voice together as one, it will be heard," stated Chief White Bird. "We have not voted extensively in the past. Now is the time to change that. We must break past traditions and come out and speak very forcefully and strongly in favour of the Liberal Party." Meanwhile, Martin spent part of his day at Muskoka Heritage Place in Huntsville celebrating National Aboriginal Day with the Honourable Andy Mitchell, Minister of Indian Affairs and Northern Development, Hank Rowlinson, Co-President of the Aboriginal Peoples' Commission, and Aboriginal Liberal candidate for Churchill, Chief Ron Evans. "Aboriginal Canadians represent the fastest growing segment of our population," said Martin. "They also represent the youngest. And so whether you're talking about health care, education, governance or economic development=85let's not kid ourselves, there are tremendous problems to be solved." But with those problems, there is also ample room for opportunity and advancement of Aboriginal peoples. "We are also talking about what a huge opportunity we have as a country to take the youngest segment of our population and allow them to carry us along to greater economic growth, and greater social fairness," said Martin who has made sincere commitments to helping Aboriginal people and their communities, and kept his word. In April, he took part in the first-ever Canada-Aboriginal Peoples' Round Table. And the Party's election platform clearly lays out a solid plan to help advance the lives of Aboriginal people. In 1990, the Liberal Party became the first and only political party to give Aboriginals the opportunity to represent themselves in a political party with the creation of the Aboriginal Peoples' Commission. In 1998, the Commission launched the Aboriginal Electoral Endowment Fund which supports and encourages Aboriginal Liberal candidates in federal elections. Dave Hudson, Mitchell's campaign manager said Aboriginal communities are pleased with the work Mitchell, Martin and the Liberal Party have done to improve the lives and circumstances of Aboriginals. "Aboriginal people are extremely supportive of the prime minister and the Liberal approach to helping with their situation," he said. "Ensuring that Aboriginal people have the best quality of life possible is right up there with other important issues. It's something that we, as a nation, have to make right. And the prime minister is doing the right thing." --------- "RE: AFN Budget could swell under new Management" --------- Date: Tuesday, June 29, 2004 10:22 am From: frostyca2000 Subj: AFN budget could swell under new management Mailing List: Frostys AmerIndian AFN budget could swell under new management Paul Barnsley, Windspeaker Staff Writer, Saskatoon A long list of new (or newly revived) initiatives that the Assembly of First Nations hopes to undertake over the coming months will cost a fist-full of money, some say upwards of $20 million. Inquiries have shown that budgets for few of the initiatives have been finalized, but there is talk that the money flowing through AFN will again swell to an amount not seen since National Chief Phil Fontaine held office in the late 1990s. The department of Indian Affairs (INAC), which provides most of the AFN's funding, scaled things down dramatically when Matthew Coon Come was national chief. Coon Come claimed it was a government tactic employed to punish him for criticizing the government for its lack of action on treaty and Aboriginal rights. The AFN budget provided by INAC when Fontaine was elected in 1997 was just $3.6 million, the highest amount former national chief Ovide Mercredi had managed to negotiate during his previous three years in office. Fontaine's first budget with INAC in 1997-98 was $6.8 million. It rose the next year to $15 million and then again to $19.9 million the following year. In his last year before being defeated by Coon Come, the budget was $20.4 million. Coon Come presided over a precipitous drop to $10.7 million and then to $8.9 million in 2002-2003. Fontaine managed to get the numbers up slightly after being re- elected last July, but there's a huge number of proposals being discussed that could raise the stakes significantly. INAC sources say 2004-05 funding for the AFN from the department is $9 million, but Dianne Laursen, an INAC communications officer, said negotiation on special programs continues on a project-by-project basis. During the three-day confederacy in Saskatoon in May, Fontaine said the AFN will create the following positions or programs: an auditor general for First Nations, a First Nations ombudsman and a chief medical officer for First Nations' health matters. He also said he will re-establish the women's and Elders' councils and create an urban desk, a northern secretariat and a Newfoundland secretariat. Windspeaker asked Fontaine if the announcements were an indication that the AFN budget had been increased. "Well, it's an interesting question because it took us a long while to resolve budget-related issues the previous year," he replied. "Because I came in mid-stream, so we had Minister Nault for five months, and we didn't conclude our negotiations until recently. And now we're working on . . . well, we have achieved some good success in terms of the current fiscal year. And we're in a much better position than we were when I was re-elected in July." During his speech to the chiefs at the confederacy, Indian Affairs Minister Andy Mitchell referred to an AFN document that is currently being developed called Building a Joint Agenda. The minister also said the creation of a joint "AFN/INAC co-ordinating committee at a senior level is, I think, essential." The national chief also talked about increased AFN activity at international bodies in Geneva, New York and Washington, and said the AFN was planning trade missions to China and India. Any budget that would allow that to happen has not been disclosed. One additional item that is part of the budget is the AFN renewal process, which has been funded over two years for a total of $2 million. Don Kelly, AFN director of communications, said there was no money yet allocated to most of the new initiatives announced by the national chief in Saskatoon. He said there were proposals that had been submitted to government for the Elders', women's and youth councils. The women's council "is already active and has been resourced out of our existing budgets" he added, but more money is being sought. Money for the AFN's health secretariat from Health Canada has not been confirmed and is not included in the global budget figure for this year. In past years, the health secretariat has been funded at about $2 million annually. Kelly said it was likely that no funding decisions would be made until after the election because bureaucrats do not want to commit the future minister to any agreements. "They don't want to tie any minister to any process that he or she may not want to pursue," he explained. "There's meetings going on but progress is sort of incremental." Money for the planned increased activity at the international level could be sought from the Foreign Affairs department. Additions to the budget could continue right up to the end of the current fiscal year in April 2005, Kelly added, saying that last year the budget wasn't finalized until the very end of the fiscal year. --------- "RE: The Women we've failed" --------- Date: Thu, 24 June 2004 08:25:23 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SAVING NATIVE WOMEN" http://www.owlstar.com/dailyheadlines.htm http://www.theglobeandmail.com/~/COLAURA24//?query=aboriginal The women we've failed This week's $2.8-million report on Saskatchewan's justice system didn't deal with the law's inability to protect native women from murder. By LAURA ROBINSON June 24, 2004 There's a poster in a pool hall/Internet cafe' in downtown Saskatoon: "$5000.00 reward is being offered in regards to information leading to the location of Daleen Kay Bosse (Muskego). Missing since: Tuesday, May 18, 2004. Last seen: Friday, May 21, at the ScotiaBank in the Circle on 8th St. Mall, Saskatoon. Member of Onion Lake First Nation. The family would like Daleen to know that they are very concerned of her well-being and would like her to return safely." In Northern and Western Canadian towns, posters asking for help finding a missing aboriginal woman aren't uncommon. The guy behind the pool hall counter doesn't know Daleen. He says he's never seen her before. As of June 21, National Aboriginal Day, the private investigator listed on the poster said it had been exactly one month since she was last seen. The chances of an aboriginal woman disappearing in Saskatoon and turning up alive and unharmed more than a month later are not good. In the early 1990s, while the rest of the country was preoccupied with the abductions, rapes and murders committed by Ontario's Paul Bernardo and Karla Homolka, aboriginal women were disappearing in Saskatoon. As I was running along Saskatoon's river valley in 1994, I saw a piece of paper attached to a post. It had drawings of what artists imagined two aboriginal women had looked like while alive, based on the proportions of their skulls, discovered outside the city. While each discovery of a Bernardo victim made sensational front-page news, the discovery of the bodies in Saskatoon barely caused a ripple. As aboriginal activist Emma LaRoque wrote, "The portrait of the squaw is one of the most degraded, most despised and most dehumanized anywhere in the world." John Crawford was eventually apprehended for killing the two native women; he'd killed two others and was suspected in the deaths of three more. He was known to the police - in fact, two officers investigating his crimes were alleged to have watched him rape Theresa Kematch, a first nations woman. The police denied the allegations. Ms. Kematch sued the police, but died two years ago of pneumonia, before the suit was settled. For the past two years, the $2.8-million Commission on First Nations and Me'tis People and Justice Reform has heard thousands of submissions on the justice system, the police and aboriginal people in Saskatchewan. The commission was charged to "include in its scope of consideration all components of the criminal justice system including, but not limited to: policing, courts, prosecution, alternative measures, access to legal counsel, corrections including community corrections, youth justice, community justice processes and victims services." This charge was given after the frozen bodies of several aboriginal men were found on the outskirts of Saskatoon in the depths of winter, men last seen in police custody. The commission, which reported this week, was scathing on the subject of racism among some police. Nowhere did it grapple with the violence aboriginal women face at the hands of white men in the larger community. Yet Saskatchewan has no shortage of such cases. Dean Edmondson of Tisdale was recently convicted on sexual-abuse charges after a 12-year-old girl from the Yellow Quill First Nation went to the police in the fall of 2001 about the rape she said she endured at the hands of three white men. Mr. Edmondson received house arrest, a sentence the Crown is appealing. The fact that Mr. Edmondson's lawyer, Hugh Harradence, is a member of the Saskatchewan aboriginal justice commission, has raised eyebrows. So does the fact that he is appealing the decision, especially among those who know the facts of the case. Mr. Edmondson and two friends picked the child up in their truck, fed her plenty of alcohol and eventually dropped her off at a friend's place. The friend wrote down their licence-plate number. The girl was immediately taken to hospital; she bled from her genital area and had trouble walking. She was able to testify against Mr. Edmondson, but like many children in traumatic sexual-abuse cases, she could not face the other two defendants in yet another trial. Because the Crown is appealing these decisions as well, no one from the Justice Department, the defence, the Federation of Saskatchewan Indian Nations, or the Crown's office will talk about the case. Where the police were in all of this? Didn't they know that it was too much to ask of a child to testify in two traumatic trials? Where were their videotaped interviews of her when she first went to the police about what happened that night? A lack of diligence in crimes against aboriginal women is not uncommon. In the mid-1990s, I interviewed an aboriginal girl who said five members of the Saskatoon Blades junior hockey team had raped her. Both the girl and her counsellor at the rape crisis centre spoke of intimidation by the police, who, they said, accused her of lying, and threatened to arrest her if she didn't give them samples of her pubic hair. No charges were laid, and the hockey team continued the season, with two Saskatoon city police officers as assistant coaches. In April, 1995, two university basketball players, Steven Kummerfield and Alex Ternowetsky picked up Pamela Jean George, who sometimes worked as a prostitute in Regina. They beat her so badly her family had to have a closed casket at her funeral. As the jury members were leaving to decide the verdict in the trial, the judge reminded them that Ms. George "indeed was a prostitute." Mr. Kummerfeld received a six-and-a-half-year sentence, and had served four years of it when the National Parole Board wrote, "at this point, the board does not see you as an undue risk," and released him. So the posters about missing aboriginal women flutter from Saskatoon street posts, leaving many who read them with a sense of despair. They should leave feelings of outrage. Laura Robinson writes for the Canadian and foreign press about first nations issues. Copyright c. 2004 Bell Globemedia Publishing Inc. All Rights Reserved. --------- "RE: Native American Prison probe" --------- Date: Fri, 25 Jun 2004 03:39:04 -0500 From: "Sicangusun" Subj: Death in Indian Jails... Mailing List: ndn-aim Native American prison probe: At least 16 deaths since 2001 By Kevin Johnson, USA TODAY June 24, 2004 WASHINGTON - U.S. authorities have identified at least 16 prisoners who have died in Native American detention centers since 2001, according to a senior federal official involved in an investigation of conditions at the facilities. The Interior Department's Bureau of Indian Affairs (BIA) has been gathering the information for the past several weeks as part of a wide- ranging review of allegations of neglect and abuse within the network of 74 detention centers that are scattered across the United States. Details about the causes of death were not immediately available. But at least some of the fatalities were attributed to overdoses of alcohol or other toxic substances that were consumed prior to the prisoners' arrests, said the official, who asked not to be identified because the information is central to ongoing inquiries. The Interior Department's inspector general has been investigating a range of allegations involving conditions at the centers, including the death of a young girl while she was in custody at a facility attached to an Oregon boarding school. Also, the Senate Committee on Indian Affairs has scheduled a hearing Wednesday to review conditions at Native American detention centers. The causes of death were expected to be provided to the committee by the BIA, which oversees management of the facilities across the country. But the official involved in the investigation said the lack of automated records and poor management in many of the facilities have made it difficult to account for the prisoners and their welfare. Copyright c. 2004 USA Today. --------- "RE: Native Prisoner" --------- Date: Mon, Jun 28 2004 10:53:36 -0700 From: Janet Smith Subj: NA News Item - - - - - - -- - - - - - - Monday, June 28, 2004 09:58 am http://www.billingsgazette.com//06/24/build/state/30-indian-jails.inc Indian jails need attention now, BIA leader says - Billings Gazette - Associated Press, June 24, 2004 Before attending Wednesday's congressional hearing on tribal jails, Dave Anderson traveled to the Crow and Northern Cheyenne reservations to take a look for himself. Anderson, the Department of Interior's assistant secretary for Indian affairs, came to Montana late last week in the hopes of finding out more about jail conditions. "It was important for me to see firsthand what our tribes are dealing with," Anderson said Wednesday. "Some of these detention centers have been around for a number of years. We're seeing aging infrastructure being compounded by growing tribes." Conditions at tribal jails have been gaining attention recently, largely because of a 10-minute video produced by Ed Naranjo, a Billings resident and former Bureau of Indian Affairs agent who commissioned the video in an effort to draw attention to the decaying conditions at many jails. The video has been distributed to the media and others by Naranjo, who has said he was frustrated that nothing had been done after his earlier complaints. The Senate Committee on Indian Affairs held a hearing Wednesday about the tribal jails. After attending, Anderson said it appears Congress is taking the issue seriously. "I think they're as interested as we are to address these concerns," Anderson said. Anderson, appointed in February, said he acted immediately when he heard about jail conditions a few weeks later. "The first thing that came to mind is we have to do something, and we have to do it now," Anderson said, adding that he can't be responsible for what did or did not happen before his arrival. About 100 people in the BIA have been mobilized to investigate conditions at tribal jails and began putting together a report to deal with the situation, Anderson said. In the last several months, Anderson said he has traveled to 30 to 40 Indian reservations. Most recently, he visited facilities at Crow and Northern Cheyenne reservations. He said he was impressed by recent improvements at the facilities - including repairs, painting and cleaning - and those who work there. "One of the things that really came through is that we have dedicated officers doing a wonderful job. Many times they're having to do the work of two people," Anderson said. New facilities are scheduled to be built at some reservations. Others, though need attention. Anderson said there is a "sense of urgency" about completing the BIA's investigation of the jails and putting together a plan to make improvements. Anderson, who founded the restaurant chain "Famous Dave's Bar-B-Que" in 1994, said that just like in the restaurant business, human health is a crucial part of the mission. "Safety and welfare is of utmost importance," he said. Copyright c. 2004 Associated Press. All rights reserved. The full text of Asst. Secretary of Indian Affairs David Anderson's testimony before the Senate on Tribal detention facilities can be found at http://indian.senate.gov/2004hrgs/062304hrg/anderson.pdf --------- "RE: History: Carlisle Indian School" --------- Date: Monday, June 21, 2004 12:34 pm From: Barbara Landis Subj: May 29, 1891 INDIAN HELPER, Carlisle Indian School. [Editorial Note: These reprints are being included in this newsletter so that you might know the mind of those who ran institutions like Carlisle.] THE INDIAN HELPER ~%^%~ A WEEKLY LETTER FROM THE Carlisle Indian Industrial School To Boys and Girls. ================================================ VOL. VI. FRIDAY, MAY 29, 1891 NUMBER 38 ================================================ A RECIPE FOR A DAY. ------- (By request.) TAKE a little dash of water cold And a little leaven of prayer, And a little bit of morning gold Dissolved in the morning air. Add to your meal some merriment And a thought for kith and kin, And then, as your prime ingredient, A plenty of work thrown in. But spice it all with the essence of love And a little whiff of play, Let a wise old book and a glance above Complete the well-made day. -*Housekeepers' Weekly.* ----*--^--*---- EXLOITS OF SPOTTED HORSE. ------- ALMOST IN THE HANDS OF THE ENEMY. ------- Big Spotted Horse of the Pawnees, whose life came to a tragic end a few years since at the hands of a United States Marshal, although by many considered the terror of the South West, was one of the bravest Indians that ever lived. Being the father of one of our faithful, quiet boys, (now at home in the Indian Territory,) the following account of a thrilling incident in his eventful life cannot