From gars@speakeasy.org Wed Jun 8 07:07:31 2005 Date: Tue, 07 Jun 2005 19:33:46 -0700 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews13.021 _ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' ____ _ , ___ _ , ___ / ' ) / / ) ' ) / / ' VOLUME 13, ISSUE 021 / /-< / /--/ /-- __/_ / ) (___/ / ( (___, WOTANGING IKCHE - Lakota - Common News Wotanging Ikche and Native American News Copyright c. 1996-2005 nanews.org Aboriginal/AmerIndian Perspective about the First Nations of Turtle Island May 21, 2005 Assiniboine indiwiga/idle moon Kiowa pai tegpan p'a/geese go north moon Anishnaabe waabigwani-giizis/blossom moon Lakota `can wape to wi/moon of green leaves +-------------------------------------------------------+ | 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 s ch mA mL tL squee Lux -- Okanogan -- News from 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; Sovereign News, NDNAIM and Frostys AmerIndian 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: + -- -- -- -- -- -- -- -- -- -- -- + ======================== "Give wisdom and understanding to my leaders. Protect my warriors and bring them back safe. Give to the young, love and contentment. Give health and long life to my old people so that they may remain with us for a long time. Make my enemy brave and strong, so that if defeated, I will not be ashamed. And give me wisdom so that I may have kindness for all. And let me live each day, so when day is done, my prayer will not have been in vain." __ Chief Big Lodge Pole, Blackfeet +- -- -- -- -- -- -- -- -- -- -- -+ | 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! It is estimated that more than 12,000 American Indians served in the United States military in World War I. Approximately 600 Oklahoma Indians, mostly Choctaw and Cherokee, were assigned to the 142nd Infantry of the 36th Texas-Oklahoma National Guard Division. The 142nd saw action in France and its soldiers were widely recognized for their contributions in battle. Four men from this unit were awarded the Croix de Guerre, while others received the Church War Cross for gallantry. (http://www.history.navy.mil/faqs/faq61-1.htm) What makes this all the more remarkable is that Native Peoples were not granted US citizenship until 1924 - well after World War I ceased. Further, the right to vote was not extended to Native Americans until the 1960s. The outbreak of World War II brought American Indians warriors back to the battlefield in defense of their homeland. Although now eligible for the draft by virtue of the Snyder Act, which gave citizenship to American Indians in 1924, conscription alone does not account for the disproportionate number of Indians who joined the armed services. More than 44,000 American Indians, out of a total Native American population of less than 350,000, served with distinction between 1941 and 1945 in both European and Pacific theaters of war. (http://www.americanindians.com/CodeTalkers.htm) Many of the World War II seasoned Native warriors also distinguished themselves in the "Forgotten War", Korea. Ben Nighthorse Campbell and Medal of Honor awardee Mitchell Red Cloud Jr. among them. Native Americans have one of the highest record of service in the Vietnam era conflict, per capita, of any ethnic group. A majority of these men enlisted, and a disproportional number served in combat positions: in infantry regiments, tank battalions, airborne and airmobile units, and artillery batteries. Check the info at snowowl.com, especially (http://snowwowl.com/histvietnam.html) (http://snowwowl.com/histcodetalkers.html) The tradition continues with Grenada, Panama, Desert Storm, and Iraq. Since European settlement, American Indians have distinguished themselves in numerous ways - one of which is military service. In the 20th century, five American Indians have received the United States' highest military honor: the Medal of Honor. Awarded for their military heroism "above and beyond the call of duty," these warriors exhibited extraordinary bravery in the face of the enemy. They are; Jack C. Montgomery, a Cherokee from Oklahoma; Ernest Childers, a Creek from Oklahoma; Van Barfoot, a Choctaw from Mississippi; Mitchell Red Cloud Jr., a Winnebago from Wisconsin; and Charles George, a Cherokee from North Carolina. (http://www.medalofhonor.com/NativeAmericanRecipients.htm) With so much involvement it is inevitable that Native American warriors also suffered a high rate of mortality. Carry each of them and their families to your prayers this Memorial Day. Go to the VA Hospital near you or a powwow or festival and thank those who survived in person. Dohiyi Ani Oginalii , , Gary Smith (*,*) wotanging@bellsouth.net P. O. Box 672168 (`-') gars@nanews.org Marietta, GA 30006, U.S.A. ===w=w=== http://www.nanews.org ----------- News of the people featured in this issue ----------- - Veterans plan Lawsuit - YELLOW BIRD: to recover Back Taxes Indian Health Service - YELLOW BIRD: has failed us Soldier's Story can humble - BECK: Don't hold your Breath - Film: Warriors, waiting for BIA Native American Vietnam Vets - GIAGO: Where were these - 2nd expert describes "Wannabe Tribes" hack of Interior Department - Play recounts - BIA ordered to reconsider Native Boarding School experience two Recognition Cases - Zinc Mine near Native Villages - Schaghticoke Tribe vows to fight is major polluter for its Identity - Aboriginal Communities embrace NTFPs - Blumenthal blasts - Territory calls shots latest BIA Rules on Land in First Nation Election - Dakotans purchase - B.C. changes rules Sitting Bull Gravesite to avoid Haida obligations - SPANG: Schweitzer keeps pledge - Huu-ay-aht First Nation to include Indians Press Release - Tribal Sovereignty - Former Residential Students must be respected can sue Ottawa - Official tells Indian side - Brazilian Chief: of Mt. Rushmore Help save Land from `White Man' - Pataki seeks authority - WHITE EARTH: on Oneida land Lawmen shoot Roy Lake Man - Senate Panel endorses - Native Prisoner Abenaki recognition -- SASKATOON: Gov't to hire more - Columbia River Tribes aboriginal cops, court staff forced to shut down Fishery - Verse: Hawaiian Book of Days - Highway Bill contains - Rustywire: The Old Couple Indian Road Construction - Del "Abe" Jones Poem: A Soldier's Soldier - Upcoming Events --------- "RE: Veterans plan Lawsuit to recover Back Taxes" --------- Date: Mon, 9 May 2005 08:57:31 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TAXED VETERANS" http://www.owlstar.com/dailyheadlines.htm http://www.navajotimes.com/news_p/veterans.php Veterans plan lawsuit to recover back taxes By Valarie Lee Shiprock Bureau May 5, 2005 SHIPROCK - A veterans' organization in Shiprock is preparing to file a class-action lawsuit against the state of New Mexico to recover tax money the veterans feel was erroneously taken from them. The Albuquerque law firm of Sharp & Bowles, P.A., is representing Native American veterans of World War II, the Korean War and Vietnam. Plans for the suit have been underway for more than a year. Native Americans don't pay state taxes while living on reservations, but the U.S. government, from World War II until 2001, withheld state taxes from the pay of Native Americans serving in the military. "Native Americans are entitled to refunds for taxes paid while serving their country off the reservation," states a fact sheet prepared for potential plaintiffs. At an organizing meeting last month in Shiprock, veterans were encouraged to sign a petition stating their position and appealing for relief and damages as appropriate. The deadline to join the suit was April 30, said attorney Nancy Murphy- Bowles. The amount of damages each veteran could receive ranges from $1, 000 to $40,000. Shiprock veterans' officials said the lawyers plan to file refund actions for all plaintiffs with the New Mexico Taxation and Revenue Division. "If these actions are denied we will file a class action lawsuit on behalf of all Native American plaintiffs in New Mexico," states a memo from the attorneys. And the plaintiffs have a good case, said one Shiprock official. "We're entitled to the money," said Paul George, secretary of the Shiprock Agency's Navajo Veterans Organization. George said there is a case law supporting their claim, citing Benny Fatt vs. Utah State Tax Commission. Fatt was a member of the Navajo Nation in Utah and lived on the reservation. He served in the Navy and was based in Long Beach, Calif. The Utah State Tax Commission said his off-reservation income was taxable, but Fatt eventually prevailed when the court ruled that Native American servicemen could retain their tax immunity. The Shiprock veterans are hoping for the same ruling if they have to sue the state. "We know we have a good case and we have to remain supportive of each other," said Perry Benally, vice chairman of the Shiprock veterans' group. "Other tribes are involved in the state and we have the support of our elected officials." One of those supporters is U.S. Rep. Tom Udall, D-N.M. In August, Udall addressed Congress when he introduced legislation to repay back taxes to Native veterans. "Prior to 2001, Native Americans who served their country in the armed forces had their active duty pay taxed by the state, despite claiming the reservation as their home," Udall said. "The law is now well established that this policy was wrong and, in keeping with tribal sovereignty, the policy of withholding states taxes on these soldiers' pay was changed." "While these changes stopped the improper practice of withholding taxes, the changes do not apply retroactively," he said. "The result is that hundreds, or perhaps thousands, of tribal members whose state taxes were improperly withheld during their service to our country are unable to recover the money that is owed to them," Udall said. Unfortunately, the bill never made it out of committee, said Glenn Loveland, Udall's spokesman. Udall may re-introduce the bill later this year, he said. Nearly 16 percent of the Native population 16 years and older are veterans. Native Americans have the highest rate of service of any ethnic group in the U.S., Udall noted. Copyright c. 2005 Navajo Times Publishing Company, Inc. --------- "RE: YELLOW BIRD: Soldier's Story can humble" --------- Date: Mon, 9 May 2005 08:57:31 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="YELLOW BIRD: SOLDIER'S STORY" http://www.grandforks.com/mld/grandforks/news/opinion/11586830.htm DORREEN YELLOW BIRD COLUMN: Soldier's story can humble May 7, 2005 To help the Herald commemorate the 60th anniversary of V-E Day this weekend, I had the honor and privilege of interviewing Louis Bogan, a field artillery veteran of World War II, for the Prairie Voices feature in Sunday's Herald. He was there. While putting this interview together, I researched some of the historical accounts of the war. I don't like reading about war, so my background on World War II is limited. And as I read these accounts, I was astonished at the vivid and bloody accounts of the war. It was hard to believe that so many men and women died in the war and that Europe was inches away from being consumed by Adolf Hitler and the German army. Here are some of the amazing statistics about the men and women who fought the war. About 16.3 million U.S. military personnel served. Nearly 293,000 died in battle. Add to that numbers of wounded and noncombat deaths, and you have a total of more than 1 million American casualties. The figure includes 78,976 servicepeople who were listed as missing in action. My father, Grover; uncle, Louis Felix; and aunt, Elizabeth Felix, were in the big war. My brother, Allen, was in the Korean War, and my younger brother, Glen, served in Vietnam. When I set about the task of finding someone whom I could interview for the V-E day anniversary, I ran into reluctance from some of the dwindling number of World War II veterans. Like my father and brothers, they didn't want to talk was their experiences. I now have a little better understanding of why. Bogan, who spent 40 years at UND, talked about his experiences because he is a teacher. When he talked about the loss of life, he would stop for a moment, the emotion transparent on his face. It has been some 60 years since the war, but the memories of those awful days have stayed with him. He remembers the men who died and still honors their memory. He salutes their bravery and fearlessness. They fought for a noble cause, he said. After the interview was over, Bogan called me. He said there was one other incident he wanted to tell me about. Here is what he told me: When the war was ended and the cleanup was under way, Bogan's unit came across a concentration camp in Nordhausen in the Hartz Mountains. His commander said the soldiers could go through the camp only if they wanted. Bogan went through it. They found 1,500 bodies stacked up like piles of wood in the camp. Peeking out from small tents in the same area as the dead were emaciated men who looked like walking skeletons. Some wore only striped shirts and no shoes. Their eyes were sunken so deep they looked like just sockets, but when they looked out of the tents and saw the soldiers, they smiled broadly. The stench of death was overwhelming, Bogan said. The soldiers had Hershey chocolate bars that they broke into small pieces and gave to the inmates. The soldiers didn't dare give more because the concentration-camp survivors hadn't had anything to eat for so long. The cooks made bullion, soup and the survivors ate that, Bogan said. Bogan paused for a moment and, in a strained voice, said they agreed - all the men - that "we should never let this happen again." I can't imagine how it feels when you come onto a field of 10,000 dead men. I can't imagine walking through rain, mud, snow and not knowing where the enemy would come from and even doubting who were the good guys. Bogan is 84 years old, yet he remembers clearly the dates and places where the war took him. He remembers the names of his fellow soldiers and those who fell. He seemed careful not to talk about the men who lived or died during that time. I suspect it was too emotional even now after all these years. Nahwah, Louis Bogan. You are a brave man, like those who fought and died with you. ---- Dorreen Yellow Bird's column appears Tuesday and Saturday. Reach her at (701) 780-1228 or dyellowbird@gfherald.com Copyright c. 2005 Grand Forks Herald/Grand Forks, ND. --------- "RE: Film: Warriors, Native American Vietnam Vets" --------- Date: Tue, 10 May 2005 08:41:47 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FILM REVIEW: WARRIORS" Film Review: Warriors, Native American Vietnam Vets http://redeyevideo.com/reviews.html The Circle: Minneapolis American Indian Center WARRIORS Native American Public Broadcasting Consortium, (NAPT), 1987. Lincoln, Nebraska (56 minutes) AUDIENCE: Jr. High to Adult AWARDS: National Indian Education Association Outstanding Media Award, 1987 It seems as though whenever a non-Indian filmaker does a documentary about Indian people, they feel compelled to explain, clarify and interpret the experiences of Indian people. It's almost as if the words of Indian people need to have special vindication from outsiders to make them believable. It was with these cynical thoughts in mind that I first sat down to review the film Warriors by Deborah Wallwork. In the back of my mind I was thinking that this would be my big chance to get back at all those do-gooders who come into Indian 'country and tell us what we're all about. Heh-heh. Good Luck, Deborah... Well...ah...after leaving the screening room, I tried to assess the reasons why this film had such a deep emotional impact upon me. What I found was that perhaps for the first time I had witnessed a film by a non- Indian in which Indian people were allowed to express themselves without being interpreted. The emotions expressed by the "Warriors" was so genuine that I couldn't help but feel their hurt, joy, anger, sorrow... What cause all these various emotions from the "Warriors" is the powerful and lasting experiences of being Indian veterans of the Vietnam war. The film presents some unique insights into why these Indian men went to war, situations they fought under, and what life was like for them when they returned. Most of the veterans that were interviewed are from the Upper Midwest area. People that conducted the interviews, according to Wallwork, were Indian men who possessed "depth and experience." One of the interviewers, Bob St. John. a Sisseton Wahpeton Sioux, served in the Vietnam era, and was especially good at getting the veterans to relate their experiences for the camera. -Gordon Rigguinti To Order: "Warriors" Native American Vietnam Vets Be sure to specify the programs you are interested in. The cost is $24.95, plus $5.00 shipping and handling. You can order with a VISA card by calling: The Center for International Education 651-227-2240 --------- "RE: 2nd expert describes hack of Interior Department" --------- Date: Tue, 10 May 2005 08:41:47 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="DoI HACK DESCRIBED" http://www.indianz.com/News/2005/008071.asp Second expert describes hack of Interior Department May 10, 2005 A second Internet security expert testified on Monday that he was able to hack into the Interior Department's computer systems, obtain personal information Secretary Gale Norton and exploit other vulnerabilities that led him to "personal data on all the astronauts." Phil Brass and his firm Internet Security Systems (http://www.iss.net) were hired by Interior's Inspector General to test the department's computer network. One Bush administration official has described the system as "bulletproof." But Brass described a far different situation in testimony he gave in the Cobell v. Norton evidentiary hearing. He explained how he purposely looked for sensitive information about Norton and other top officials to show the department that its systems were vulnerable to hackers despite an investment of $100 million. "We were able to retrieve credentials to many systems," Brass told the court. Specifically, Brass hacked into the National Business Center (http://www. nbc.gov), an Interior agency that handles more than $9 billion in payroll for more than 200,000 government employees and more than $3 billion in other financial transactions. Over a period of six weeks in March and April, he obtained access to sensitive information about Norton and other top officials that would "make all executives go white." "I felt empowered," he testified. Among other information, he said he found credit card numbers for "all DOI employees" contained in a database that had been inaccurately marked "bankcard_training_doiu." DOIU is the acronym for the Department of the Interior University (http://www.doiu.nbc. gov). "This was real data, not training data," said Dennis Gingold, an attorney for the Cobell plaintiffs. "Exactly," Brass said. He later verified with Interior that the credit card numbers were real. During his time in the system, Brass prepared what he called "dossiers" on associate deputy secretary Jim Cason and P. Lynn Scarlett, the assistant secretary for policy, management and budget. Cason's dossier, for example, contained his government-issued credit card numbers and other personal information. Brass was about to do the same for Norton until the Inspector General pulled the plug on the test, he said. "I believe they were worried about upsetting Gale," he testified. Before that happened, he told the court he was able to find some sensitive information about Norton, a Cabinet official. "I believed I pulled some of her personal data," he said. And because he knew the NBC processes payroll, financial and other data for a number of federal agencies, Brass kept looking to see how far he could get. Weaknesses in the system led him to NASA, where he found "personal data on all the astronauts." When asked if he could have changed the data, he said "I'm pretty sure I could have done that." Cason, who has served in the Bush administration since August 2001, has previously told the court that the department has made improvements to "basically bulletproof" the network from hackers like Brass and Scott Miles, another ISS employee who testified in the hearing last week. But Brass and Miles presented a conflicting view. Both said they performed "penetration" tests on Interior's systems without being detected. "I hadn't been discovered," Brass said yesterday. Miles testified last week that he gained access to Indian trust data, something Brass said he didn't do. Brian Dunbar, a spokesperson for NASA, said he was personally unaware that the Interior Department hired computer hackers to test the systems. "I can't comment on that because we don't have any first-hand reports on it," he said, adding that NASA normally doesn't comment on alleged security breaches. The hearing continues today in federal court in Washington, D.C. The Cobell plaintiffs are seeking a court order to disconnect the vulnerable systems from the Internet, something Brass said was entirely reasonable. "I personally say you can't ever eliminate the risk," he testified. "There really is no such thing as a secure computer." Copyright c. 2000-2005 Indianz.Com. --------- "RE: BIA ordered to reconsider two Recognition Cases" --------- Date: Mon, 16 May 2005 08:49:21 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RECOGNITION CASES" http://www.indianz.com/News/ BIA ordered to reconsider two recognition cases May 16, 2005 Two Connecticut tribes whose 300-plus year histories with the state helped them win federal recognition were sent back to the drawing board last week in two of the most highly controversial and politicized cases to date. In separate decisions dated May 12, the Interior Board of Indian Appeals rejected the final determinations in favor of the Eastern Pequot Tribal Nation and the Schaghticoke Tribal Nation. Both tribes have been recognized by the state of Connecticut since the late 1600s, when their reservations were established and a system of tribal overseers was created. But Bureau of Indian Affairs officials during the Clinton and Bush administrations wrongly relied on this history to patch up holes in the evidentiary record the tribes submitted, two administrative law judges wrote. While the use of state recognition is not outright barred, the IBIA said it was "unreliable or of little probative value" for the cases at hand. "The final determination goes to great length to explain how the Eastern Pequot may have had a distinct status under state law - a status not shared by Indians generally or by non-Indians - but fails to articulate how that status is probative of actual interaction, social relationships, or a bilateral relationship between the group and its members," Judge Steven K. Linscheid wrote in the Eastern Pequot decision. "The FD for STN used state recognition in the same way that we found to be impermissible," he said in the Schaghticoke decision. Judge Anita Vogt concurred with both rulings. The move means the BIA must write new final determinations that will address the issues raised, including how the state-tribal relationship proves whether the tribes qualify for federal status. Despite the additional hurdle, tribal leaders said they were sure they could clear up the matter. "We're confident that upon further review the questions raised by the IBIA will be adequately addressed by the evidence in our petition and the BIA will reconfirm their positive decisions," the Eastern Pequots said in a statement. "While we are disappointed in this result, we are not discouraged," Schaghticoke Chief Richard Velky said. "The IBIA has not ruled that we are not entitled to recognition." Officials from Connecticut, who filed the challenge with the IBIA, had another take. They said the rulings sound the death knoll for the tribes, who have been financed by wealthy backers and have plans to open casinos. "The net result: Federal recognition for these two groups is virtually impossible, because they cannot rely on state recognition to overcome key flaws or gaps in evidence," said state attorney general Richard Blumenthal. At the very least, the reconsideration will delay the tribes for at least another year while they submit additional evidence for the BIA to review in what has already been a time-consuming effort. The Eastern Pequot preliminary finding was issued in May 2002 and a final determination in June 2002. The Schaghticoke preliminary finding came in December 2002 and the final determination in January 2004. In both cases, the tribes benefited from their continuous relationship with the state. Former assistant secretary Kevin Gover, former assistant secretary Neal McCaleb and former acting assistant secretary Aurene Martin all relied on the state status to fill in parts of the record where the evidence was lacking. "Why can't this relationship itself be proof of a tribe's political existence over that time period?" Martin said at an Indian law conference shortly after she signed the Schaghticoke final determination. The decision by Martin was particularly controversial because state recognition was used to a greater extent than in the Eastern Pequot one. Later, the BIA admitted that it miscalculated the tribe's internal marriage rate in a way that helped the tribe. In the Eastern Pequot case, BIA researchers at the Office of Federal Acknowledgment, formerly the Bureau of Acknowledgment and Research, recommended that the tribe be denied. Gover, in his preliminary finding, and McCaleb, in his final determination, used their authority as assistant secretary to recognize the tribe. The process was changed somewhat by the time Martin ruled on the Schaghticoke petition. Rather than an up-or-down from BIA staff, she was presented with a briefing paper that outlined options she could take for approving or rejecting the tribe. Despite controversy over the use of state status, investigations by the Interior Department's Inspector General have found no wrongdoing by either the Clinton or Bush administration. Just last week, the deputy inspector general said the recognition process was "one of the more transparent processes" within the department. This isn't the first time state recognition has been used by the BIA either. It helped the Mohegan Tribe of Connecticut win a favorable ruling in 1994. But it didn't help the Golden Hill Paugussett Tribe, also of Connecticut, obtain recognition. It's also not the first time the IBIA has ordered a reconsideration in a recognition case. The favorable final determination for the Cowlitz Tribe of Washington had to be rewritten after a challenge by another tribe before the IBIA. Copyright c. 2000-2005 Indianz.Com. --------- "RE: Schaghticoke Tribe vows to fight for its Identity" --------- Date: Sun, 15 May 2005 21:33:26 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BIA KNUCKLES UNDER TO BULLY PULPIT OF BLUMENTHAL" http://www.pechanga.net/ http://news.newstimeslive.com/story.php?id=71364&category=Local Tribe vows to fight for its identity By Chipp Reid THE NEWS-TIMES May 14, 2005 DERBY - The ornate banquet room that 15 months ago rang with the sounds of drums and singing was quiet. Just a few staffers scurried about the office, answering phones. The Schaghticoke Tribal Nation headquarters looked like any other office on a mild Friday afternoon. The serene, almost peaceful scene, however, hid a growing pool of resentment. "No one else has to prove who they are, except us," said Schaghticoke Tribal Council member Toni Hoffmann. "How can people come into this country (illegally) and it's OK? We've been here for hundreds of years and we have to prove who we are. I just don't understand." Hoffmann and the rest of the Schaghticokes received a severe shock Friday when a federal agency vacated the decision granting the Kent-based tribe federal recognition. Connecticut Attorney General Richard Blumenthal hailed the decision, saying it essentially halted the spread of Indian- owned casinos. Tribal members, however, say nothing can change who they are. "It's in my blood," Hoffmann, 53, said. "I'm Native American. I'm Schaghticoke. Nothing can ever take that away from me." When the Schaghticokes received federal recognition Jan. 29, 2004, the tribe greeted the news with an outpouring of emotion. Most spoke not of gaming but of their heritage. "Recognition is about our elders, period," Hoffmann said. "This has nothing to do with gaming. This has everything to do with our elders who got this whole process started. They're beginning to leave us now, and the saddest thing is they may not be around to see us get what we deserve." Hoffmann said her own mother, who is now 78, "was born on the reservation. I've been going to the reservation (in Kent) all my life. We weren't going up there for picnics. It was to learn about who we are." The decision Friday doesn't change the Schaghticoke commitment to their elders but it "means we have more work to do," Hoffmann said. She also said the fact the tribe's elders are beginning to pass away reinforces the need to win recognition. "I don't think a lot of people out there understand what it means when we say we are tribe." Hoffmann said. "We don't do things as a mother and son or like that. We're a tribe. We stick together - all of us. We work and we fight as a tribe." The Tribal Council member, who lives in Danbury, also had a message for Blumenthal, who spearheaded the drive to reverse federal recognition for both the Schaghticokes and the Eastern Pequots. "First I feel like he is disrespectful of Native Americans," Hoffmann said. "He hasn't even addressed us personally. He just goes by what he read and hears but there is no way he could have read the 30,000 documents we submitted. How could he? It took us years to find them. I think he has a lot of his facts wrong." Hoffmann also had a question for the attorney general. "I wonder how he would feel if we went to Congress and asked them to take away his nationality," Hoffmann said. "It's just incredible how they treat us." After taking a breath, however, Hoffmann repeated what members have said "for more than 300 years." "I am Schaghticoke," Hoffmann said. "I will be a Schaghticoke until the day I die. No one can take that away from me. No one." Contact Chipp Reid at creid@newstimes.com or at (203) 731-3367. Copyright c. 2005 The Danbury News-Times, Division of Ottaway Newspapers,Inc. --------- "RE: Blumenthal blasts latest BIA Rules on Land" --------- Date: Tue, 10 May 2005 08:41:47 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="LAND INTO TRUST" http://www.indianz.com/News/ http://www.connpost.com/news/ci_2724508 Blumenthal blasts latest BIA rules on land annexation MARIAN GAIL BROWN mgbrown@ctpost.com May 10, 2005 HARTFORD - Attorney General Richard Blumenthal slammed the Bureau of Indian Affairs as "lawless" Monday, saying the agency has unilaterally issued new rules that make it easier for tribes to annex off-reservation land for casinos. "These highly significant changes - silencing state and local input on land annexation decisions - are a huge step backwards, demonstrating again that the BIA is capricious and lawless and that Congress must act swiftly and decisively to rein in this runaway agency," Blumenthal said Monday, following a press conference. "This opens a major Pandora's box with massive potential harm, especially in densely populated states like Connecticut, where annexing land miles from a reservation has huge consequences," he said, adding that he is urging Congress to quash the BIA's action. Blumenthal said a new BIA "checklist" approved in March eliminates the requirement that governors must consent before tribes can annex land for casino-supporting infrastructure. It also curtails how much input the Department of the Interior must seek from states and communities for approving such land annexation. Sen. John McCain, R-Ariz., who heads the Senate Committee on Indian Affairs, will convene an oversight hearing Wednesday on federal Indian recognition issues, where the checklist is likely to get a public vetting via written testimony that Blumenthal has filed. Blumenthal's statement to the committee urges it to cancel BIA's authority to recognize tribes; establish a new agency with strong ethics and disclosure requirements concerning gaming industry funding; and to impose a six-month moratorium on all recognition decisions now under consideration. When a tribe takes land into trust and it is removed from the tax rolls, it has both economic and environmental impacts that should be aired in the community, Blumenthal said. "This new guideline essentially strips local government of any input or comment in the decision-making process. They [the BIA] are engaged in a sweeping redefining of the Indian Gaming Regulatory Act," which governs tribal casino operations, he said. Under the federal Administrative Procedure Act, whenever a government agency, like the BIA, proposes new rules, at a minimum, they are supposed to give the public a right to submit written comments. But if significant property or liberty interests are at stake, the agency can opt to hold public hearings. But there is also a third way, one that some administrative agencies deem necessary and expeditious, which opponents call insidious and covert, for agency rulemaking: issuing "guidelines." None of the new BIA "checklist" items appears on the agency's Web site. Nor do the items appear to be published online in the Federal Register. Blumenthal believes that's because the BIA is classifying its new rules as internal guidelines. Under the federal APA, guidelines never need to be published. For an agency it means that the "checklist" need never be formally adopted, which gives the agency some flexibility to change its standards at will. The downside for a tribe seeking recognition is that it can never contest an agency decision against it by claiming the agency ruled exactly opposite in another tribal application for off-reservation gaming. Virginia Boylan, a partner with Gardner Carton & Douglas LLP in Washington, D.C., which represents Connecticut's Schaghticoke Tribal Nation, with offices in Derby and a reservation in Kent, says she has no idea whether there is indeed a new BIA checklist. "Our firm represents the Schaghticoke Tribal Nation as well as 20 other tribes across the country, and I have not heard from any of them that there is a new checklist out there," Boylan said. "The tribe is puzzled by the attorney general's statement that there have been rule changes regarding taking land into trust. We have searched the Code of Federal Regulations and the Federal Register and found no proposed rule changes. We have contacted the BIA Gaming Management staff to determine if there are any changes under consideration." Boylan said once the tribe has more information, it would have specific comments. In the meantime, Boylan said, "any change in the land-to-trust process has no direct bearing on the recognition of tribes." Efforts to reach BIA late Monday were unsuccessful. MariAn Gail Brown, who covers regional issues, can be reached at 330-6288. Copyright c. 1999-2005 Connecticut Post, MediaNews Group, Inc. All rights reserved. --------- "RE: Dakotans purchase Sitting Bull Gravesite" --------- Date: Mon, 17 May 2005 09:05:45 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SITTING BULL GRAVE BOUGHT BY TWO MEN" http://www.billingsgazette.com/index.php?display=rednews/2005/05/17/build/nation/98-sitting-bull-grave.inc Dakotans purchase Sitting Bull gravesite May 17, 2005 MOBRIDGE, S.D. (AP) - High on a bluff across the Missouri River from this north-central South Dakota town sits a bust of Sitting Bull, marking the famous American Indian leader's burial site. The memorial is in sorry shape. The nose is chipped, perhaps from potshots or souvenir seekers. So is the inscription on the granite pillar supporting it: "Tatanka Iyotake, Sitting Bull, 1831-1890." Broken beer bottles and trash are strewn about the monument's concrete base. That's about to change, thanks to two South Dakota men who have purchased the site. Bryan Defender of McLaughlin and Rhett Albers of Mobridge bought the 40- acre property from James Heupel of Oregon in April. Heupel said his father, Dan, was part of a group that traveled to Fort Yates, N.D., in 1953 and helped retrieve Sitting Bull's remains for reburial on land he owned within the Standing Rock Indian Reservation. Sitting Bull rose to prominence as a leader of Indian resistance against the U.S. Army in the 1870s, which culminated in the 1876 Battle of Little Bighorn. He and some of his Sioux followers fled to Canada after the battle, but he returned after five years and surrendered. Sitting Bull was killed in 1890 on the Standing Rock reservation while being arrested by Indian police. Since 1953, North Dakota and South Dakota have argued over which state is the home of Sitting Bull's grave - an irony, given Sitting Bull's disdain for white ideas about land ownership. South Dakotans insist he was exhumed and reburied by the Heupel group at the request of Sitting Bull's descendants. North Dakotas maintain that the expedition missed some or all of Sitting Bull's bones and that his remains still lie in Fort Yates. However, according to the definitive source on the reburial, Robb DeWall's book "The Saga of Sitting Bull's Bones," the Heupel group was meticulous in sifting the soil from the grave site for the bones. And a subsequent attempt to find bones the expedition might have missed turned up nothing. Albers, citing DeWall's book, said he believes Sitting Bull's remains are underneath the monument. "Regardless, Sitting Bull deserves to be honored," Albers said. He and Defender paid $20,000 for the 40-acre site, according to the Corson County assessor. Albers said he has been interested in doing something with the site since he moved to Mobridge 13 years ago. He and Defender began making plans to buy it about three years ago. "This is a site that deserves national and international attention. It is being used as a dumping grounds," Albers said. "We've always thought that something needed to be done." Albers said he and Defender plan to provide 24-hour security and clean up the area by summer. Eventually, they hope to develop a visitor or cultural center, perhaps in conjunction with the Standing Rock Sioux Tribe and the owner of the adjacent memorial to Sacagawea, the Indian woman who served as an interpreter for the Lewis and Clark expedition. Here, the name is generally spelled Sakakawea. Albers mentioned the Crazy Horse Memorial near Custer as a possible partner in the venture. Korczak Ziolkowski, the sculptor who began the Crazy Horse Memorial, carved the bust of Sitting Bull from a piece of granite blasted from the Crazy Horse Memorial. "We could work with all the interested parties ... and really do something positive," he said. "We really want to try and protect and preserve the serenity of it." Copyright c. 2005 The Billings Gazette, a division of Lee Enterprises. --------- "RE: SPANG: Schweitzer keeps pledge to include Indians" --------- Date: Friday, May 13, 2005 9:22 AM From: MJ LaBurt [MJLaBurt@aol.com] Subj: Opinion: Tide has turned for Indians in Montana Mailing List: Sovereign Nations Mailing List: NDNAIM http://www.indianz.com/News/2005/008160.asp http://www.billingsgazette.com//build/opinion/35-guest-opinion.inc Opinion: Tide has turned for Indians in Montana May 13, 2005 Indian tribes have watched governors come and go in Montana. Some of them came to the reservation on the campaign trail promising to remember Indian issues once they got into office. They seldom came back. Indian issues were forgotten. Has the tide turned? If the events of May 5 on the Northern Cheyenne Indian reservation are any indication, they may have. Chief Dull Knife College invited Gov. Brian Schweitzer to be the keynote speaker at its graduation ceremonies. The governor accepted. He was there early shaking hands and visiting with everyone. His escort was Major Robinson, himself a Northern Cheyenne, and one of many Indian staff members appointed to his administrative team." Get the Story: Zane Spang: Schweitzer keeping pledge to include Indians (The Billings Gazette 5/13) Guest opinion: Schweitzer keeping pledge to include Indians By ZANE SPANG Chief Dull Knife College Indian tribes have watched governors come and go in Montana. Some of them came to the reservation on the campaign trail promising to remember Indian issues once they got into office. They seldom came back. Indian issues were forgotten. Has the tide turned? If the events of May 5 on the Northern Cheyenne Indian reservation are any indication, they may have. Chief Dull Knife College invited Gov. Brian Schweitzer to be the keynote speaker at its graduation ceremonies. The governor accepted. He was there early shaking hands and visiting with everyone. His escort was Major Robinson, himself a Northern Cheyenne, and one of many Indian staff members appointed to his administrative team. Celebration singers The governor led the processional to the beat of the drum as Cheyenne singers raised their voices in celebration. This would be a day to remember for the 27 graduates who had worked hard to achieve this milestone in their journey through life. It was a meaningful night in that not only had the gymnasium filled with family and friends, but the governor himself had joined in the celebration. He was there to honor them. It is unlikely they will forget his words. He said it was an honor to be there to share this time with them. He talked about the commitment he made to include Indian tribes in his administration. One positive step was the unprecedented number of Indian people hired to serve in key positions of state government. With his backing, Indian issues passed through the House and Senate and many were funded, with tribal colleges receiving assistance in several areas. He reiterated his promise to listen to Indian needs and act on them. He said he was not going to sit in Helena and expect Indian people to come to him. Heartfelt address He addressed the graduates and congratulated them on their efforts. He told them that they could achieve anything they wanted. They could become governor if they set that as a goal. Then he leaned forward and talked directly to them, reminding them of the things their parents and grandparents counseled them not to do if they were to be successful. He told them specifically how methamphetamine use could end their dreams and encouraged them to be aware of the personal and family devastation it causes. To anyone listening, it was obvious that he was saying this because he cared. This event will be talked about not just on the Northern Cheyenne reservation but by Indian people everywhere. A governor had joined an Indian community in celebrating life and achievements. It was as if he belonged there. Zane Spang is dean of student affairs at Chief Dull Knife College. Copyright c. The Billings Gazette, a division of Lee Enterprises. --------- "RE: Tribal Sovereignty must be respected" --------- Date: Friday, May 13, 2005 9:37 AM From: MJ LaBurt [MJLaBurt@aol.com] Subj: Tribal sovereignty must be respected, court rules...in a mixed ruling Mailing List: Sovereign Nations Mailing List: NDNAIM http://www.indianz.com/News/2005/008161.asp Tribal sovereignty must be respected, court rules May 13, 2005 STATE RAID: Troopers pin tribal members on the ground during raid of the Narragansett Reservation on July 14, 2003. The state of Rhode Island violated the Narragansett Tribe's sovereignty during a highly-publicized raid of the reservation nearly two years ago, a federal appeals court ruled on Thursday. State officials had no right to enter the reservation in an attempt to enforce state law, the 1st Circuit Court of Appeals concluded in a unanimous decision. Instead of resorting to a violent raid of the tribe's smoke shop, the state could have pursued other legal and political means to resolve a dispute over the collection of cigarette taxes, a three-judge panel said. "For these reasons, we hold that the state violated the tribe's sovereign rights when it enforced the criminal provisions of its cigarette tax laws by executing a search warrant against the tribal government's smoke shop, forcibly entering the shop and seizing the tribe's stock of unstamped cigarettes, and arresting tribal officials who were acting in their official capacity," Judge Juan R. Torruella wrote for the majority. In spite the harsh language, the court said the state has a right to seek taxes from the sale of cigarettes to non-Indians. An examination of state law shows that it doesn't infringe the tribe's sovereignty, the judges noted in their 36-page opinion. "We have determined that, since the legal incidence of Rhode Island's cigarette tax falls on the consumer, rather than the tribal distributor, the Narragansetts are obligated to comply with the State's cigarette tax laws as they pertain to cigarettes sold to non-Indian consumers," the court said. "Therefore, by selling unstamped cigarettes to non-Indian consumers, the smoke shop operators violated Rhode Island tax law, which is a criminal offense." The mixed ruling hands victories to both the tribe and the state in their long-running battle over the extent of the tribe's sovereignty and the reach of the state's. Both sides claimed victory yesterday after the decision was issued. "The state should have respected the status of the tribe, knowing that we're a federally recognized tribe and have a relationship with Congress," said Narragansett Chief Sachem Matthew Thomas, one of several officials and members arrested during the July 14, 2003, in a statement. On the other hand, state attorney general Patrick C. Lynch, who defended the raid on court, said the ruling failed to clear up the matter, pointing to language that supports some form of state authority on tribal lands. "I find it very difficult to reconcile this lack of clarity and, for that reason, I will seek further review of this case," he said in a statement. There were, however, some key findings that could help New England tribes, whose sovereign rights have been in question in Rhode Island, Massachusetts and Maine within the 1st Circuit. In nearby Connecticut, which falls under the 2nd Circuit, similar issues have arisen. Along with the Narragansetts, the tribes are subject to special acts of Congress that settled their lands claims and contained nearly identical language granting state criminal and civil jurisdiction on the settled lands. But the court said the provision is not a "clear, express waiver" of sovereign immunity. "The tribe, therefore, retains its sovereign immunity despite the grant of jurisdiction to the state," the court determined. The court went further and said the language gives the state absolutely no powers over the tribe itself. "Congress did not expressly give the state jurisdiction over the Narragansett Tribe," wrote Torruella, noting that the tribe retains "concurrent jurisdiction" over its settlement lands. Additionally, the court rejected an analysis used by a federal judge who had ruled against the Narragansetts in December 2003. U.S. District Judge William E. Smith said the state raid was justified because the smoke shop "affects non-members" and isn't "inherently governmental or political in nature." But the 1st Circuit said this test was an "inappropriate" way to "determine whether the tribe's operation of the smoke shop should be included in the tribe's retained right of sovereignty." Smith had taken the language from a case involving two Maine tribes but the appeals court warned that the situation there involved acts of Congress that were "very different." Finally, the court identified other remedies the state could pursue to collect taxes from the sale of tobacco products to non-Indians. The state and the tribe could enter into a compact like others found throughout Indian Country, go could go after non-Indians who distribute cigarettes to the tribe or seek civil -- but not criminal -- action against tribal leaders who are acting in their official capacities. "The state's hands will not be completely tied while the tribe continues to operate its Smoke Shop in violation of the State's cigarette laws," Torruella wrote. "Although the operation of the smoke shop without complying with Rhode Island's cigarette tax laws is certainly not a sovereign right retained by the Narragansett Tribe, the tribe does have a right of sovereign immunity that should be respected the state." It is possible that the ruling could be appealed to the U.S. Supreme Court by either or both sides in the case. No decision has been made by any party regarding further legal challenges. Copyright c. 2005 Indianz.com. --------- "RE: Official tells Indian side of Mt. Rushmore" --------- Date: Friday, May 13, 2005 9:42 AM From: MJLaBurt@aol.com Subj: Official tells Indian side of Mt. Rushmore Mailing List: Sovereign Nations Mailing List: NDNAIM http://www.cnn.com//05/13/mount.rushmore.ap/index.html?section=cnn_latest Official tells Indian side of Mt. Rushmore MOUNT RUSHMORE NATIONAL MEMORIAL, South Dakota (AP) -- The huge granite faces of presidents Washington, Jefferson, Lincoln and Theodore Roosevelt evoke the ideals of the country's leaders as America changed from rural republic to world power. To many American Indians, though, the imposing monument in the Black Hills is a painful symbol of treaties broken by the federal government. And they want their story told. The man doing that is the park's superintendent, Gerard Baker, himself an American Indian who completes his first year on the job May 31. His potential audience is 3 million annually, the number of visitors to the memorial each year. "What I want to do is educate America, including Indian people, children mainly, as to how the Indian people lived before the coming of the white man," Baker said. A member of North Dakota's Mandan and Hidatsa tribes, Baker acknowledged he doesn't like controversy but deals with it because of his desire to educate people and challenge them to learn more about different cultures. One of the memorial's most ardent opponents is Charmaine White Face, who heads Defenders of the Black Hills. "Many of us consider this our treaty territory," White Face explained. "Mount Rushmore is an insult because the Black Hills are sacred." White Face complimented Baker for his education philosophy but said she has conflicted feelings about him holding the park's top post. "His presence implies to the millions of tourists that we agree with that monstrosity, that desecration," she said. Before coming to Mount Rushmore, Baker had overseen Chickasaw National Recreation Area in Oklahoma, the Little Bighorn Battlefield National Monument in Montana and the Lewis & Clark National Historic Trail. Baker said he took the job only after talking to his family and elders at the Fort Berthold Indian Reservation, where he grew up. In the end, he said he decided he could use the position for good by informing people about a part of U.S. history they may not be familiar with. Baker said he wants to teach people about "not only teepees and horses and battles, but families," he said. "What did Grandma do? What did Grandpa do? What did the kids to do?" Baker said changes at the park will come in "baby steps." He said he plans eventually to include information about the government's breaking of treaties with American Indian tribes. "We know about the breaking of the treaties, the taking of the Black Hills," he said. "I'm not too concerned at this point in time to get that message out right away." Baker said his first goal has been to introduce visitors to a variety of cultures through presentations and he has already invited Norwegians, Russians and people from some American Indian tribes as presenters. "The people loved it," he said. "The people are hungry for this." Baker said he hired a cultural demonstrator to head up the effort and wants to open walking trails on the 1,000-acre memorial to use nature as a classroom. However, "you also have to tell the negative side of the story," he said. "I don't think we've ever done that." Copyright c. 2005 The Associated Press. All rights reserved. --------- "RE: Pataki seeks authority on Oneida land" --------- Date: Sun, 15 May 2005 21:33:26 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="STATE WANTS CLARIFICATION ON AUTHORITY" http://www.syracuse.com/news//base/news-0/1116060053327490.xml&coll=1 State asks federal ruling on nation land Pataki wants to know if state, local officials have authority on Oneida land. By Glenn Coin Staff writer May 14, 2005 Gov. George Pataki has asked the federal government to clarify whether the state and local governments have authority on land owned by the Oneida Indian Nation. In a letter sent Friday to two federal agencies, a lawyer for Pataki argues that a recent U.S. Supreme Court ruling gives governments power over Oneida land. But officials at the Bureau of Indian Affairs, part of the Interior Department, have indicated otherwise, according to the letter written by Richard Platkin, a lawyer for the governor. "The BIA should immediately clarify its position regarding the application of state and regulatory controls to protect all landowners in the area," Platkin wrote. If Oneida nation land is not considered "Indian lands," Platkin wrote, then gambling at Turning Stone casino in Verona is illegal. The governor's office released the letters - addressed to the Secretary of the Interior and the National Indian Gaming Commission - after 5 p.m. Friday, by which time the federal agencies could not be reached for comment. Pataki's lawyer also sent a letter to Oneida nation leader Ray Halbritter. The letter says the nation's request to put its land into federal trust "will resolve nothing for years, if at all," and asks the nation "to act in good faith" to settle the long-standing Oneida land claim. Nation spokesman Mark Emery declined to comment, saying nation officials have not seen the letters. The U.S. Supreme Court ruled March 29 that the nation could not claim sovereignty over land it has purchased in Sherrill the last two decades. State and local officials say that ruling extends to all 17,000 acres owned by the nation in Madison and Oneida counties. The Sherrill decision "strongly supports the authority of state and local governments to enforce state and local laws and regulations on lands held by the nation," Platkin's letter states. Nation officials say that federal law gives the nation power over its land. Copyright c. 2005 The Post-Standard. Used with permission. Copyright c. 2005 Syracuse.com. All Rights Reserved. --------- "RE: Senate Panel endorses Abenaki recognition" --------- Date: Thu, 12 May 2005 08:38:26 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ABENAKI RECOGNITION" http://www.indianz.com/News/ http://www.timesargus.com//20050512/NEWS/505120331/1003/NEWS02 Senate panel endorses Abenaki recognition By Lisa Rathke Associated Press May 12, 2005 MONTPELIER - A Senate committee on Wednesday advanced legislation that would recognize the Abenaki Indians as a minority in Vermont. After hearing from a legislative lawyer who advised that state recognition would have little effect on the Abenaki's bid for federal recognition as a tribe, the Senate Judiciary Committee, absent one member, voted unanimously to pass the bill. "I think that the testimony that we had and the information that we got in committee does not lead me to believe that state recognition is going to lead to federal recognition, which then could lead to issues of casino gambling and other things that the attorney general and past governors have been concerned about," said committee Chairman Richard Sears, D- Bennington. Supporters say state recognition would make the Abenaki eligible for federal education grants and allow them to label and sell their crafts as Native American. "It's a step in the right direction," said Charles Delaney Megeso, a Mazipskwik Abenaki. "This is the farthest it's come this far. It's a good bill. I think it's going to work for a lot of people." Before approving the measure, the committee made changes to the bill passed by the Senate Economic Development, Housing and General Affairs Committee earlier this month. The bill calls for increased Abenaki representation on a newly formed Commission on Native-American Affairs that would assist Native Americans. The committee also added a provision that says state recognition does not confer any claims to lands or any other rights not included in the bill. "This is significant step forward," said Sen. Vincent Illuzzi, R-Essex- Orleans, chairman of the Senate Economic Development, Housing and General Affairs Committee. "This is the first time I know of in the history of the state that we will be debating a bill that will recognize the Abenaki and Native Americans as a minority population in Vermont." Copyright c. 2005 The Barre Montpelier Times Argus. --------- "RE: Columbia River Tribes forced to shut down Fishery" --------- Date: Wed, 11 May 2005 08:45:11 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="VERY LOW SALMON RUN" http://www.indianz.com/News/ http://www.nytimes.com/2005/05/11/national/11salmon.html Weak Salmon Run Shuts the Northwest's Fisheries By FELICITY BARRINGER May 11, 2005 WASHINGTON, May 10 - Tens of thousands of adult salmon that were expected to swim up the Columbia River this spring are missing, and their mysterious absence has led state and tribal officials to shut down the commercial fisheries in the river, the Northwest's muscular thoroughfare, for the first time in five years. The unexpectedly low early run of chinook salmon, containing some of the first of 11 endangered fish species to return to the Columbia and Snake River systems each year, has defied usually reliable predictions and shut fisheries that had expected a plentiful harvest. The collapse in the numbers is so bad that Idaho, Oregon and Washington have ended commercial fishing, and last week the four Indian tribes with treaty rights to harvest the salmon did the same. Though tribal fishermen can still sell a limited catch to other tribe members, their subsistence fish harvest has been sharply curtailed. At last month's annual "first salmon" ceremony, held near the Columbia dam at The Dalles, Indians from the nearby Celilo village, were short of fish. They were forced to rely on some fish donated by coastal fishermen; some came from the frozen remains of last year's catch, said a spokesman for the Columbia River Intertribal Fish Commission. Experts say it is too soon to tell exactly why this first run is low - or late. Possible explanations include an unusually large collection of hungry seals and sea lions below Bonneville Dam, a cyclical warming trend in the northern Pacific and a disruption in the food chain somewhere along the chinook's migratory route through the ocean. Most environmentalists and some tribal officials, however, are convinced that federal dams, the major engines of the Northwest's electricity grid, are at the root of the problem. The slow-moving, sometimes overheated reservoirs behind the dams disorient fish bred for fast, cold currents, and dam machinery can be lethal, particularly to outbound juvenile fish. "We need to figure out what happened," said Charles Hudson of the intertribal commission, which represents the four tribes with fishing rights. "But there is no question," Mr. Hudson added in a phone interview, "that year in and year out, the hydro system is the biggest killer of fish." The drop-off comes as a federal district judge in Portland is poised to rule on whether a Bush administration plan to maintain the dams is compatible with the government's obligations under the Endangered Species Act. The possibility of breaching the dams to help the endangered fish had previously been suggested as a last resort. Four federal dams on the lower Columbia provide an average of 2,350 megawatts of electricity a year, enough to power two cities the size of Seattle. Upstream on the Snake River, another four dams provide nearly as much power. About 20 months ago, President Bush stood above one of these, the Ice Harbor dam, and said, "The good news is that salmon runs are up," adding, "We can have good, clean hydroelectric power and salmon restoration going on at the same time." More than a year later, his administration disclosed last November that, while it intended to spend $600 million a year on salmon recovery, building structures or paying for barges to help the fish swim around the dams, the dams would now be considered an immutable part of the landscape. There would be no question of breaching them. This year, fish were supposed to arrive in ample numbers. The consensus of fisheries experts was that 254,000 spring chinook would pass Bonneville Dam, the first of the eight federal dams along the lower Columbia and lower Snake Rivers. With three weeks left in the run, only 52,000 fish have passed the first dam. Late last month, it seemed that the peak of the run had passed; about 4, 150 fish passed Bonneville Dam on April 25, and then the numbers began dropping. Late last week, there was a brief resurgence, with more than 6, 000 fish counted on Thursday. But by Monday the number had dropped to less than 400. There are many possible reasons for this, environmentalists and federal officials agree. But environmentalists said that if the Bush administration could credit its salmon recovery effort for four years' worth of well-stocked runs, it could not then just blame the oceans when the numbers were bad. Bonneville Power officials and the administrator of the Northwest regional office of the National Marine Fisheries Service said the salmon run might be late because the river was slow to warm. "There are two theories," Bob Lohn, the regional administrator, said. "One is that something devastating has happened to the run. Two is that the run is very late." John Skidmore, a program analyst for Bonneville Power, said, "In any natural world, you're going to have variabilities." He added, "That is not to say that we're not concerned that the returns are off, but it's not a complete anomaly." But what adds to experts' worries about this year's Columbia River spring chinook run is its variance from expectations. Most of these salmon are the offspring of adults that went upstream in 2001, a year with a magnificent run of nearly 400,000 fish. At a minimum, this run could have been expected to be better than average, and not a return to the low runs and closed fisheries from the late 1970's to the late 1990's. Last year's count of early-returning fish from the brood, called jacks, provided much of the basis for the forecast of 254,000 fish. It is highly possible, Mr. Lohn said, that "something happened to these fish in the ocean." "That something could include an unexpected collapse of some part of the food chain," he said, or that "there was an unexpected by-catch of these fish" while they were still under the high seas. For Clifford Shippentower, a member of the Umatilla tribe and a wholesaler who has been fishing the lower Columbia for 30 years, this year's run is an unwelcome reminder of the quarter-century of commercial fishery closings that continued until 2000. In those years, Mr. Shippentower could fish only for himself and other tribe members. He had anticipated a much better season this year. "We kept waiting for the fish to show up, and it never did," he said in a telephone interview. The sports fishing industry alone lost an anticipated $10 million in revenues, an industry spokesman said. The chinook salmon, a prized delicacy, will be hard to find in the region's markets. Beyond the commercial loss of both hatchery and wild fish, which together makes up the annual runs, this spring's unpleasant surprise is bad news for the effort to bring back wild salmon. Jim Martin, the retired head of the Oregon fisheries department, said 2001's generous contributions to the long-term effort to bring back wild salmon were lost in one generation. Or as Buzz Ramsey, the Northwest regional sales manager for Luhr Jensen, a major fishing tackle company, said: "A lot of people had declared the salmon crisis over. Last year's disappointment and this year's disappointing run shows we're really not over it." Copyright c. 2005 The New York Times Company. --------- "RE: Highway Bill contains Indian Road Construction" --------- Date: Thu, 12 May 2005 08:38:26 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="REZ ROADS" http://nativetimes.com/index.asp?action=displayarticle&article_id=6451 Highway bill contains Indian Country road construction Legislation in jeopardy as Bush and Senate at loggerheads WASHINGTON DC Native American Times May 11, 2005 According to the Bureau of Indian Affairs, of the 9,800 miles of public roads on the Navajo Nation, only about one-fifth have been paved; the remaining 7,600 miles are dirt roads. Many of these rundown roads are regularly used to transport Navajo children to and from school. Senator Jeff Bingaman, (D-NM), has inserted a provision in a major highway bill that would add $3 million over the next five years to fix the roads. The money would be split between San Juan and McKinley counties. "The dirt roads used by schools buses on the Navajo Nation can make for a bumpy ride. Making improvements to these dirt roads will not only to ensure a smoother route to school, but it also will create a safer environment for the buses," Bingaman said. For reasons that have nothing to do with Bingaman's proposal, the legislation itself appears in danger of running into a roadblock after Senate leaders introduced a plan that would increase spending for the six- year highway and mass transit bill by $11 billion over the $284 billion approved by the House in March. President Bush has threatened a presidential veto of anything more than approved by the House. Sen. James Inhofe, (R-Okla.), chairman of the Senate Environment and Public Works Committee, urged Bush to support the bill, saying the extra money is needed because of the poor conditions of the nation's highway systems. The bill also contains the following monies earmarked for Indian reservations: -$1.76 billion for transportation projects. -$33.5 million for transportation safety projects. -$70.5 million for highway bridges. -$45 million for transit projects. Native American Times. Copyright c. 2005 All Rights Reserved. --------- "RE: YELLOW BIRD: Indian Health Service has failed us" --------- Date: Tue, 10 May 2005 08:41:47 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="YELLOW BIRD: SUICIDES" http://www.indianz.com/News/ http://www.grandforks.com/mld/grandforks/news/opinion/11606830.htm DORREEN YELLOW BIRD COLUMN: Native people must address suicides May 10, 2005 I testified at a hearing of the Senate Committee on Indian Affairs in Bismarck on May 2. The hearings were about a recent spate of teen suicides on the Standing Rock Indian Reservation. As I waited to testify, it occurred to me that we were sitting before a table of people who were non-Natives - at least one of whom never had been on the reservation. It was uncomfortable to realize that they'd called the hearing and we were telling them our problems. There was a strong urge inside me to tell the committee that we could take care of our own children. It is one of those times I believe "the ancestors" were rattling my cage, so to speak.Yet I knew, too, that Sen. Byron Dorgan and Rep. Earl Pomeroy, both D-N.D., had clout and were concerned enough to call the hearings. Besides the senator and congressman, Jeanne Bumpus, Republican staff director for the Indian Affairs Committee, and Sara Garland, Bumpus' counterpart on the Democratic side, sat on either side of the elected officials. Garland had put together the hearings and called the witnesses. I was on Panel II with three students. Panel I was the Dr. Charles Grim, director of the Indian Health Services. Sitting with him was Jon Perez, director of IHS's Behavior Health Division. From the federal Substance Abuse and Mental Health Services Administration was Ulonda Shamwell, director of the division of policy coordination. With Shamwell was Dr. Denise Middlebrook, a social science analyst. These are top officials from the Washington, D.C., offices. Panel II was Cynthia Linquist, president of Cankdeska Cikana Community College in Fort Totten, N.D; Doug McDonald, associate professor of psychology at UND and Paul Dauphinais of the Turtle Mountain community school in Belcourt, N.D. Grim's outline of the programs and funding for American Indians and Alaska Natives was impressive. In addition, Shamwell said her agency provides about $42 million to tribes annually. And, she said, the agency is "transferring $200,000 to IHS to support programming and service contracts, technical assistance and related services for suicide-cluster response and suicide prevention ... ." Judging from their testimony, we should have top-notch programs on reservations. Then, three young students from Standing Rock High School testified. Michelle Fast Horse, Vaquita Hines and Alayna Eagle Shield did an excellent job. They were articulate and poised. Eagle Shield, who is my niece, was the youngest and a freshman. The other two students were seniors. Alayna is Standing Rock Lakota and Sahnish (Arikara), but she follows the Lakota way because she has been nurtured in that culture from the day she was wrapped in a baby blanket. Her father, John, is a Sundance leader and teaches his children Native culture. Alayna's strength in the adversity of what is happening on the reservation is impressive. And, I believe her strength comes from her parental support and her belief and understanding of the Lakota way. She understands who she is and that she comes from a long line of proud and honorable ancestors. Knowing who you are is important for these young people, her grandmother and my aunt, Pearl Howard, told us. The Indian Health Service has had the responsibility for healing our ailments. In many cases, they have failed miserably. People have died because of misdiagnoses and poor treatment. IHS is chronically underfunded and poorly staffed. I say this because I have been a part of the system all my life and have seen incident after incident. And we are dependent on the HIS system for our health care. The system was put in place by the federal government as part of the payment for land taken many years ago. That, and our school systems, I might add. So I was surprised at how much funding went into programs for our health. So why aren't our system and health services better? That's a question I hope will be brought before the Senate committee in the upcoming hearings in Washington, D.C. We can complain and whine about the IHS and our words seem to fly away in the wind. Yet we are responsible for our own health and that of our children. Years ago, when we were strong and independent, we talked with our children about things such as suicide, nurtured them in the Native way and were in control of our own health. Suicide is not that kind of disease and we do have some control of it. Maybe we aren't seeing the causes clearly: Some suggestions that came from the hearings include suicide prevention programs, building student centers or recreation areas, housing students in dorms during the school year, building safe houses and the like. These are good ideas, yet I believe our leaders, community members, families of those at risk also need to start talking and finding answers. We need leaders to step forward and provide a strong and firm hand. Our young people are important. They are our future. They are vessels holding our ancestors. It is my hope that all of Indian country will remember these young people in their daily prayers. ---- Dorreen Yellow Bird's column appears Tuesday and Saturday. Reach her at (701) 780-1228 or dyellowbird@gfherald.com Copyright c. 2005 Grand Forks Herald/Grand Forks, ND. --------- "RE: BECK: Don't hold your Breath waiting for BIA" --------- Date: Tue, 10 May 2005 08:41:47 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RANDELL BECK: DORM REBUILD" http://www.indianz.com/News/ http://www.argusleader.com//20050508/COLUMNISTS01/505080306/1058/COLUMNISTS A real need, indeed If money can pour into a governor's mansion, how about a dorm? By Randell Beck rabeck@argusleader.com May 8, 2005 We can all be mighty proud of the classy digs they're building for the governor up in Pierre. Projected to be finished in July at a cost of $3.6 million, the 14,000- square-foot "home" is more than twice as big as the former, tumbledown hovel that we laughingly labeled the governor's mansion. We agree, I think, that our governor ought to have a decent place to live, entertain and host the various heads of state and diplomats who visit during Pierre's whirlwind social season.I suspect you also think it's a pretty swell thing that not one penny of the public treasury went to build the new mansion. The money's coming from private donations, the largest being Citibank's $150,000 gift. Shoot, we hardly fund public education; why would we condone using hard- earned tax dollars to build a house that is roughly eight times bigger than the average citizen's? (We've booted people out of public office for living in a house that fancy.)Recognizing the urgent public need, big businesses and those who manage them couldn't pony up fast enough - Dacotah Bank, Black Hills Corp., Great Western Bank, First Premier Bank, BankWest, SDN Communications. Those are just a few members of the $100,000 Club. Witnessing the philanthropic largess of some of our leading companies was, in a word, inspiring. Ironically, not 50 miles from the governor's swanky new domicile, another critical need has surfaced in recent weeks. Fire swept through a dormitory of Crow Creek School in Stephan on April 24, displacing students and threatening the operation of the Bureau of Indian Affairs boarding school. The problem: how to erect a dormitory by August, when students return to school, at a cost of $2.2 million. And this is no mere dorm; for many students, who confront drugs, abuse and hopelessness on the reservation, the poorest in the nation, it is an anchor in a storm.Most of the campus, where 400 to 500 students are enrolled, is in various stages of disintegration. The tribe has been begging the BIA for money for decades - an exercise in futility. The BIA, never a model of bureaucratic efficiency when it comes to the needs of Native Americans, can't even decide whether to raze the current structure and start over, or repair what remains after the fire."You just look at them and wonder what they're looking at," Duane Big Eagle, tribal chairman, told Argus Leader reporter Terry Woster. Don't hold your breath waiting for the BIA to act. The agency stands to lose more than $100 million from its budget in cuts proposed by the White House. South Dakota Sens. Tim Johnson and John Thune, who have boasted in the past about their enormous clout, respectively, in Congress and with the White House, have issued a boatload of platitudes in recent days. But little else.Of our public officials, only Gov. Mike Rounds has shown any inclination to do more than wring his hands. Dancing around state and federal laws, which restrict the governor's ability to inject himself into tribal affairs, Rounds has offered state technical expertise and the use of several modular units.But the one thing the Crow Creek tribe needs the most - money - remains elusive. "There are limits on what I can do with state money for the tribe," Rounds said. One wonders if the South Dakota business leaders who were so eager to help the governor build his palace on the plains will be as enthusiastic to lend a hand to the students of Crow Creek. We shall find out soon enough. Lacking an example of benevolence anywhere else, some students at Washington High School took it on themselves to help. They raised money by selling donated ice cream. And they planned to cancel a field trip, deciding to visit the students at Crow Creek, instead."In a way, they're family," senior Jewell White Tail said. "I felt like we should be there." Now that's something we can be proud of. Randell Beck is executive editor of the Argus Leader. Contact him at 331-2332 or by e-mail at rabeck@argusleader.com. Copyright c. 2005 Argus Leader. All rights reserved. --------- "RE: GIAGO: Where were these "Wannabe Tribes"" --------- Date: Mon, 16 May 2005 08:49:21 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="GIAGO: WANNABE NATIONS" http://nativetimes.com/index.asp?action=displayarticle&article_id=6460 Where were these "wannabe tribes" 20 years ago? Notes from Indian Country Tim Giago (Nanwica Kciji) 5/16/2005 Copyright c. 2005, Native American Journalists Foundation, Inc. With untold millions of dollars waiting in the wings it should go without saying that many groups of people identifying themselves as "Indian" are filing for federal recognition as Indian tribes. It's getting kind of scary out there. There is no doubt that some of these groups have legitimate reasons to file. Others have sought out financial backers with deep pockets willing to take a chance on them with the knowledge that if successful, the financial returns would more than make up for any outlay when the new tribe builds a casino. Most Indians know that tribes such as the Lumbee of North Carolina have been seeking federal recognition for more than 30 years. They believe they have qualified according to the required criteria, but they still have not been allowed to enter that magic door. Why not? What are some of the requirements in order for the Bureau of Indian Affairs to give a group of people federal recognition? According to Jeff Benedict in his book "Without Reservation," the one sure way is to go through the BIA. His book indicates that the Mashantucket Pequot Indians did not go this route but instead became a tribe through congressional action. I encourage all Indians to read this book. Benedict wrote, "With the rise in lawsuits being filed by groups claiming to be Indian tribes, the BIA established procedures to judge the merits of such groups. As an alternative to going to court to prove tribal status, groups could subject themselves to a review process before the BIA. If the BIA found them worthy of being called a tribe, then the group did not need to litigate that issue before a judge or jury. Here are the procedures as established by the BIA to gain federal recognition: Proof that the petitioner had been identified as a tribe from historic times to the present. Proof that a majority of the members of the tribe, as well as their ancestors, inhabited the area in or around the reservation. Proof that the petitioner had been recognized as an Indian community distinct from other populations. Evidence that the tribe had maintained political influence over its members. The existence of a written governing document such as a constitution. Current membership roles that established a genealogical link to a historically recognized tribe. It is estimated that there are now as many as 150 groups seeking federal recognition through the BIA. As I said, some have legitimate claims, but many do not. Another source of anger and pain to many would-be Indians is their inability to gain membership into an Indian nation. Since the Santa Clara Pueblo case several years ago the determination of tribal membership has been relegated to the individual tribal governments. Every Indian nation has its own set of rules about membership. Some will enroll a new member if that person can prove that one or more of their parents were enrolled members of their tribe. Blood quantum would not matter in this case. Others set a blood quantum standard of one-fourth or more. One tribe uses the one half or more standard for admittance. Nearly all tribes require a family history connecting them to the tribe. It is clearly possible for legitimate Indians to slip through the cracks. For instance, if they were adopted into a white family as and infant and they have lost all connections with their tribe, including contact with family members, they have a very difficult time re-establishing tribal membership. And then there are those who claim to be Indians simply to advance their own careers or to profit. Many artists, artisans and college professors have claimed Indian blood in order to sell their wares or to gain jobs set aside for Indians. Others have formed high profile Indian organizations and received countless monetary grants because they claimed to be Indians. The sad part is that so many art shows, colleges or grant givers fail to check out the legitimacy of the claimants. When I wrote a column in 1988 that questioned the Indian claims of Jamake Highwater, Ward Churchill and Roxanne Dunbar (to name a few), Churchill viciously attacked me and accused me of being a Mexican pretending to be an Indian. All that aside, a Mexican is an Indian. But anyone wishing to check my legitimacy only needs to call the enrollment office on the Pine Ridge Reservation to discover that I was born at the Indian Health Service Hospital on the reservation and I was raised and educated on the reservation. Whenever Indians get together at conventions they always ask about each other's family. I know that I am always asked about my brothers, Billy Joe and Bobby Giago, both graduates of Haskell Indian Institute, or about Bobby's ex-wife Millie. A wannabe does not have these family connections. Suzanne Shown Harjo, a lady who wrote columns for me when I owned Indian Country Today, bore the brunt of Churchill's viciousness because she related a story about asking him about his relatives and of being taken aback when he just sat there in silence refusing to answer her question. This is usually a dead giveaway. I encourage the BIA to include the one criteria I have suggested for many years; if they approve a group as an Indian tribe, make it a stipulation that they not be allowed to open a casino for at least 10 years after recognition. This would cut down on a number of the phony applicants. Where were all of these wannabe tribes 20 years ago? --- (Tim Giago is the founder and former editor and publisher of The Lakota Times, Indian Country Today, and the Lakota, Dakota and Pueblo Journals. He can be reached at giagobooks@iw.net) Native American Times. Copyright c. 2005 All Rights Reserved. --------- "RE: Play recounts Native Boarding School experience" --------- Date: Wed, 11 May 2005 08:45:11 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RELIVING BOARDING SCHOOL EXPERIENCE" http://www.indianz.com/News/ http://www.missoulian.com/articles/2005/05/11/jodirave/rave46.txt Female cast unearths pain Natives suffered at boarding schools - May 9, 2005 By JODI RAVE of the Missoulian May 9, 2005 It is April 18. After a full day's work, the women retreat to a room in the Missoula Indian Center where they practice lines from a script. Although the play is new to them, the actors have developed a natural cadence with the dialogue. The women are reading from Vera Manuel's script, "The Strength of Indian Women," a story recounting the Indian boarding school experience and its effect on generations of Native families. On this day, Patty LaPlant's character, Mariah, reveals a repressed memory from her years at a Catholic boarding school. Now an elderly woman, light-skinned Mariah feels guilty because the nuns and priests treated her better than her darker classmates. She regrets never speaking up for them. In this scene, she talks about the day she saw a nun throw a "dirty savage Indian" girl down two flights of concrete stairs. "My screams were silent and my agony all consumin'," says Mariah. "I saw murder done in that school, and when they wrapped that broken body and sent it home to the mother, tellin' her it was pneumonia that killed her little girl, she unwrapped her and runnin' her grievin' lovin' mother's hands across her bruised face, shoulders, legs and back, discovered the neck was broken, screamed out in agony, `Why? What happened to my baby?' and I said nothin'." (Church bells ring.) "I saw little girls taken in the night from their beds, I heard the moans and groans and sobbin'. " `Shut up, shut up,' I said, glazed eyes ravaged and torn bodies returned in a frightened, huddled mass beneath the sheets, and I said nothin'." (Bells ring again.) " `You're a good girl,' " they often told me. " `These girls are bad. They need to be taught a lesson.' "I saw a baby born one night to a mother who was little more than a child herself. I saw her frightened, dark eyes pleading with me to save her child, and later on, when the grave was dug and the baby lowered into the grave, I said nothin'." It's a gritty scene, one of many that have raised feelings among the actors where they didn't expect them to exist. "Remember the day I cried?" said Darcia North Wind to her fellow actors. "I didn't even know where that came from." Manuel's play focuses on a group of Native women, each of whom had life- altering experiences in a Catholic boarding school. It's a melodic script, said Sarah d'Angelo, the Missoula Indian Center alcohol substance abuse prevention and cultural specialist who is directing the play. While d'Angelo has a master of fine arts degree, the other women's theatrical experience is minimal to zero. Yet they could be apprentices of the Stanislavski school of method-acting, where performers are encouraged not to act, but to be themselves and react. North Wind, d'Angelo, LaPlant, Marilyn Zimmerman and Thelma Yellow Kidney have all related to the script through tribal experiences or familial episodes. Even the youngest cast member, 14-year-old Brandy Salway, has not escaped the lingering pain caused by the boarding schools. "I get so angry," said Salway, whose character helps bond the women. But the play, she said, also "helped me understand the hurt those little girls went through." Experts describe that prevailing hurt as historical trauma, a pain sustained today by Native people, one owed to the loss of land, language, culture and children. Government policies forced Native children into Christian-based boarding schools throughout Canada and the United States beginning more than a century ago. Although children are no longer forced from their homes, 66 boarding schools still exist in the United States, according to the Bureau of Indian Affairs. The United Nations Convention on Genocide describes the loss of children n sending them out of the home to strip away their ethnic identity and religious beliefs n as an act of genocide. Although Manuel's script was originally based in Canada, it mirrors the boarding school experience in the United States, where Native youth were subjected to emotional, sexual, physical and spiritual abuse. Many Native families continue to bear the memories. "I didn't make up the stories told in `Strength of Indian Women,' " Manuel said. "They came from pictures my mother painted for me with her words; words that helped me see her as a little girl for the first time. Each time we staged a performance of the play, I mourned the mother missing from my childhood ..." As Manuel's story unfolds, she reveals how abuse affected the women, and how they coped with it as adults. The characters range from a peacemaker n whose daughter feels unloved n to a domestic-violence-battered antagonist to a prostitute-turned-activist to a guilt-ridden woman. D'Angelo said the cast was chosen for their easy rapport with one another, a mix she felt was needed to tackle a script permeated with so much malice and mistreatment. Yet, the story also opens the door for bonding and healing among the characters, who unite for a granddaughter's coming-of-age ceremony. As the women rehearsed over the last three weeks, they continued to strengthen the play's hidden nuances. It is April 24. On a Sunday afternoon, the actors move to the University Center Theatre for rehearsal. The venue was chosen so the movie screen can be used to flash historical photos of boarding schools behind the actors. North Wind and Zimmerman move center stage for a scene saturated with memories of drinking and prostitution. From the back of the theater, d'Angelo watches, coaching them through movement and dialogue. "I'm asking you guys to be comfortable with the silence," she said. "Use the time to reassure. This is about solidarity when you bring her back. Does that make sense?" Do it again, she tells them. After several attempts, they hit the mark. "When you walked back, that was powerful," said the director. Before they leave, d'Angelo reminds the women about memorizing their script. "Use Monday and Tuesday to start swallowing these lines down," she said, punctuating her request with a long, soft "Pleeeeease." May 2. The women have been rehearsing daily for at least three weeks, and there are only eight days remaining before their first performance. It's another Monday evening and the women continue to dig into the script as they rehearse in the basement of the Missoula Indian Center. Salway, who plays 13-year-old "Suzie," is feeling uneasy about what she's learned about boarding schools. She wishes she had the power to rewrite history and rescue little girls. "It makes me want to do something," she said. "I want to get up and chew all those nuns and priests ... I want to go back in time and change things." Her reactions are normal. But they are feelings people need to understand, said Zimmerman, a University of Montana student who is majoring in social work. For those reasons, she sought to bring Manuel's play to an audience. They are the same reasons d'Angelo chose to direct it. "My dream would be to take this to all the tribal colleges to establish a dialogue," she said. While the play can help establish a dialogue, the larger intent is to move toward healing. "The responsibility we hold in passing on these stories is to role model a healthy lifestyle for our children, who are always watching us for direction," according to Manuel. "When we share our life stories, we must create a safe place for those who come and listen, in order not to hurt ourselves or others." Copyright c. 2005 Missoulian, a division of Lee Enterprises. --------- "RE: Zinc Mine near Native Villages is major polluter" --------- Date: Thu, 12 May 2005 08:38:26 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RED DOG MINE POISONS VILLAGES" http://www.indianz.com/News/005/008135.asp Zinc mine near Native villages is major polluter May 12, 2005 The Red Dog Mine near two Alaska Native villages released 487 million pounds of toxic chemicals in 2003, the Environmental Protection Agency reported on Wednesday. The world's largest zinc mine contributed to Alaska's overall toxic release inventory, or TRI, of 540 million pounds. This makes Alaska the nation's number one polluter. Alaska Natives in the villages of Noatak and Kivalina are concerned about contamination from the mine. Studies have put their food supply at high or low risk, depending on the source of the information. Copyright c. 2000-2005 Indianz.Com. ---- http://www.adn.com/money/story/6481371p-6361614c.html Mine poisons Alaska EPA listing RED DOG: Releases from huge lead and zinc mine make state the nation's top polluter. By PAULA DOBBYN Anchorage Daily News May 12, 2005 Alaska once again tops a federal list of toxic polluters, largely because of the huge Red Dog Mine near Kotzebue. The list, prepared by the U.S. Environmental Protection Agency, is misleading as it applies to Alaska, state officials say, because in Red Dog's case, the toxic releases are largely waste-rock piles that the mine manages under government oversight. "Alaskans need to understand what this really means in terms of what's actually been discharged into the air, land and water," said Kurt Fredriksson, state environmental conservation commissioner. Environmentalists say the report illustrates how massive and potentially damaging Red Dog operations are, especially to people who live near the mine. Every year, the EPA issues its "toxic release inventory" or TRI report, an exhaustive, nationwide audit that lists what chemicals are released into the environment, by whom and in what quantities. In 1997, the agency started requiring mines to report what they were putting into the environment. Because Alaska is home to the world's largest lead and zinc mine, the country's most remote and pristine state ironically began turning up as the largest polluter in the nation. Alaska reported 540 million pounds of toxic releases in 2003, according to the EPA report released on Wednesday. Of that, Red Dog was responsible for 487 million pounds, followed by the Greens Creek silver mine near Juneau with 44 million and the Fort Knox gold mine outside Fairbanks with 6 million. Both state officials and executives for the company that operates Red Dog have said for years that Alaskans should exercise caution when trying to interpret the EPA data. They note that many of the toxic chemicals Red Dog releases are naturally occurring substances, such as lead and zinc. "The total pounds of 'releases' do not at all reflect an accurate picture of Alaska's environmental quality. The waste rock from Alaska mines is well engineered, contained and regulated by state and federal agencies," Fredriksson said. "Alaska's TRI releases are permitted discharges, regulated under state and federal laws." Neither Red Dog's general manager nor its environmental staff could be reached for comment on Wednesday. While the toxic releases may be regulated, it's still bad for the environment to excavate large quantities of minerals and then expose them to precipitation, conservationists say. This sets off a chemical reaction that makes runoff from the waste rock highly acidic and potentially toxic to marine animals and other forms of life. Red Dog managers say all runoff is captured and treated before being released into a nearby creek. When it hits the creek, it meets water quality standards. "Many industries would like to interpret the data to eliminate the perception that there is pollution. But denying that the mining industry has a pollution problem is a little like denying that major league baseball has steroid problems," said Scott Brennan, director of Alaskans for Responsible Mining. Alaska generally tops national lists for its quality of life, and world- class fish and wildlife, said Brennan. It's unfortunate that the mining industry pushes Alaska to the top of the polluters list, he said. The data in the TRI report is useful but conclusions about public health risks cannot be drawn from it, EPA officials say. To determine risk, specific information from the site is needed, including a material's toxicity, persistence in the environment, and the amount and duration of exposure. Daily News reporter Paula Dobbyn can be reached at pdobbyn@adn.com or 257-4317. Copyright c. 2005 The Anchorage Daily News, a subsidiary of The McClatchy Company. --------- "RE: Aboriginal Communities embrace NTFPs" --------- Date: Tue, 10 May 2005 08:41:47 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MORE THAN TREES" http://www.nob.on.ca/NewNOB/~Category=0&RSID=0&view=33602#log33602 Selling more than trees By KELLY LOUISEIZE May 5, 2005 Opportunities are mushrooming as Aboriginal communities embrace Non Timber Forest Products (NTFP) as one of their future economic engines. Edible mushrooms, blueberries, wild rice and medicinal plants found in Northern Ontario forests were highlighted as potential First Nations business opportunities at a conference series entitled "Under the Canopy" March 30-31 at the Travelodge Hotel Airlane in Thunder Bay. NTFP producers, experts, government representatives and academics were brought together to form a strategic long-term plan to advance Aboriginal control within the NTFP sector. The idea is to build on existing opportunities while ensuring a sustainable industry, Henry Wetelainen, co- chair of the Aboriginal Forest Coalition, says. The coalition's role will be to gather information from various Metis and First Nations groups on how they see NTFPs fitting into their economic future. After the strategies are developed and approved, the next phase will establish funding support for initiatives longer than one year. That means organizations such as the Ontario Metis Aboriginal Association and the Ontario Aboriginal Forestry Coalition will have to negotiate with the government. But it is baby steps for now. Entrepreneurs within communities have to be supported in order to build a market base, he says. It may start with just one entrepreneur, but many entrepreneurs become employers, Wetelainen says. Scandinavian and European countries are far ahead of the game. Finlanders tap birch trees to make health drinks and sell them worldwide. "Their industry is worth about $240 million a year," he says. "Why are we not doing that?" Canadians import blueberry tea from Poland. "Why are we not doing that?" Canadians need to gain market share and the government needs to help, Wetelainen says. The Wabigoon First Nation community did a study on blueberry wine, but development halted due to lack of funding support. "(Governments) have to commit to a long-term process and focus resources and energy into it." As the Northern Ontario population shrinks, so too will available jobs, he says. Technology will take over more of the repetitive work, leaving Northerners to embrace new ways of looking at forest production. We have a huge talent base here and entrepreneurs are the ones who will create the industry. But they need the marketing dollars behind them, Wetelainen says. Access to NTFPs are regulated under the Ministry of Natural Resources. Approximately 23 pieces of legislation are currently managing the access to lands. It is said that a new strategy is being developed for NTFPs by the government, but there's no word yet. Copyright c. 2005 Northern Ontario Business. --------- "RE: Territory calls shots in First Nation Election" --------- Date: Wed, 11 May 2005 08:45:11 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SELF GOVERNANCE?????" http://north.cbc.ca/regional/servlet/View?filename=tlicho-election-10052005 Territory calls shots in First Nation election CBC News May 10, 2005 YELLOWKNIFE - The new Tlicho government in the N.W.T. has been hailed as a model combination of public and aboriginal government, but it appears that the territorial government is in charge of the first Tlicho elections. Nominations for chief and council in each of the four Tlicho communities closed Monday. But no information about the election- including the names of the candidates can be released without authorization from the territorial government. On Monday after nominations closed, no one was available to give that authorization. The chief electoral officer who will oversee the elections works for the territorial government. And it's territorial legislation that creates the new governments and sets out the rules for the election. The election is scheduled to take place June 13. Copyright c. 2005 CBC. --------- "RE: B.C. changes rules to avoid Haida obligations" --------- Date: Tue, 10 May 2005 08:41:47 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BC CHANGES RULES" B.C. changes rules to avoid Haida obligations Paul Barnsley, Windspeaker Staff Writer, Port Alberni, B.C. May 2005 Volume 23 - Number 2 In a British Columbia Supreme Court decision on March 11, Justice Carol J. Ross found that the sale of a 70,000-hectare parcel of land from one forestry company to another adversely affected the rights and title of the Hupacasath First Nation of Vancouver Island. The justice also found that there was a chance the Hupacasath people could suffer irreparable harm if the decision to remove the lands from the jurisdiction of the Forest Act and move them into the Private Forest Lands Management Act, as proposed by the province's minister of Forests, was allowed. So why did the justice refuse an injunction against the sale of the land? Citing the "balance of convenience test", the court chose the $1.2 billion land deal over the irreparable harm it would cause to the Hupacasath, effectively choosing business certainty over constitutionally- protected Aboriginal rights. "It is a shame that the court failed to recognize that our land, our resources and our ability to exercise our rights are priceless and invaluable. Our children's legacy, which is supposed to be protected within Canada's Constitution under Section 35, is at risk of being forever destroyed. When does business certainty have priority over constitutionally- protected rights?" asked Hupacasath Chief Judith Sayers, who filed the injunction to slow the sale of the lands in Hupacasath traditional territory. The Hupacasath have chosen not to appeal the decision on the injunction because the trial on whether the minister should have consulted and accommodated them prior to removing the lands from the jurisdiction of the Forests Act is scheduled to start on May 2. But Sayers admits to being confused by Justice Ross' decision. "The court chose $1.2 billion over our rights," she said. Environmental lawyer Will Horter is executive director of the Dogwood Initiative, a private foundation funded group that helps communities take on corporations and fight for local control of resource extraction. He said the decision in the Hupacasath case was fairly typical of B.C. Supreme Court decisions. "If you look at the B.C. Supreme Court politically, most of the judges, and I haven't done the background check on this particular judge, but most of them come from the big Vancouver law firms and most of their clients have been major resource companies. So most of them understand the economics of the industry fairly well," he said. But few of those judges are as well informed on Aboriginal rights issues, he added. Applying the balance of convenience test to an Aboriginal rights case is not fair and not good law, he said. "The unfairness on the balance of convenience test, it's basically comparing apples and oranges," he said. "In essence, the balance of convenience test, there's an issue to be tried and at the end of the day they're supposed to say, 'Is one party irrevocably harmed if we don't stop this action and give this injunction?' But how do you put a dollar value on a constitutional right as opposed to something that's worth $1.2 billion?" Sayers said Native leaders want to create a process that forces provincial policies to be updated or modified to comply with recent Supreme Court of Canada decisions that support Aboriginal rights and title. Without some concrete action on the part of the provincial government to follow high court rulings, there will be trouble, Sayers said. "Personally, I say it will happen in the near future," she said. "I'm calling it the showdown in the woods." She's not the only person in the province unhappy with the government's actions on resource extraction. The Haida people have brought logging to a halt on their territory by mounting a blockade. And a coalition of more than 30 environmental, labor union and First Nations groups issued an open letter to Premier Gordon Campbell on April 15 accusing the premier and his government of intentionally re-writing policies and regulations to avoid high court decisions on Aboriginal title. "As the Haida Tree Farm License 39 case was making its way to the Supreme Court of Canada, the provincial government was repealing or rewriting virtually every forest and environmental law in B.C. to reduce its role and place increased control in the hands of resource companies," said Jessica Clogg, staff counsel at West Coast Environmental Law. "Because of its offloading to companies, the Crown now claims it has no duty to the Haida. This is not honorable." Even government employees are criticizing the Campbell government. "Through cutbacks and sweeping changes to forestry laws, the provincial government has essentially torn up the 'social contract' in our forests, removing the benefits of local resource development from local communities and First Nations," said George Heyman, president of the B.C. Government and Service Employees' Union. "This is a recipe for community dislocation and uncertainty that can only be resolved by dealing honorably with First Nations and fundamentally rethinking recent changes to forestry and environmental laws." Will Horter pointed out that a number of First Nations group in a variety of different ways around a variety of different issues are standing up and saying, 'the status quo, business as usual is not acceptable.' "The Hupacasath have used the legal arm. The Haida have gone to the streets. The Heiltsuk have gone and done their protests around fisheries," he said. "The folks up in Kingcome Inlet are blockading. There's lawsuits in the Okanagan. There's an upcoming lawsuit with the Haida and the Gitanyow. Treaty 8 is done both the blockading and litigation. And I suspect there's going be some things coming up in this election cycle as well. So the trend of First Nations using a variety of tools, not just legal tools, to stand up and defend their interests against unsustainable activities is, I think, an untold story about British Columbia." One of the strategies Horter and his colleagues have recently begun exploring could end up being of great assistance to First Nations. "We've just started to go into the investment community and explain to the institutional investors, analysts and other people who play in the financial markets, about these financial liabilities that are not being disclosed," he said. "We think we can ride the trend that's happening in the global financial markets around both corporate management and governance issues, and others around accounting and disclosure, because we don't think many of the risks associated with these Aboriginal issues are being disclosed in the investment community." The lawyer and Judith Sayers were both critical of the province's Forest Range Agreements, where some First Nations are being paid relatively small amounts in exchange for permission to log on their territories. Sayers called it "the worst policy the government's ever done" and "an attempt to disallow First Nation consultation." Horter said it was a cynical attempt by the government to force cash- strapped band councils to accept ridiculously small amounts of money in exchange for not exerting their Aboriginal rights. "If you notice, the people who are signing those FRAs are all Indian Act reps. It's all of the band councils that are signing. As you know, the Indian Act representatives can only have authority over the reserve lands which is really less than one per cent. So they're getting people to sign these agreements, which are really to stand down on lands over which they have no jurisdiction," he said. "The hereditary chiefs, are they bound by these agreements? The government is signing these with people who only represent a small percentage of the land base and pretending that it represents the larger First Nations communities." Copyright c. 2005 Windspeaker, AMMSA - Aboriginal Multi-Media Society. --------- "RE: Huu-ay-aht First Nation Press Release" --------- Date: Friday, May 13, 2005 12:27 PM From: Frosty Deere [frostyca2000@yahoo.com] Subj: Huu-ay-aht First Nation Press Release Mailing List: Frostys AmerIndian http://www.dogwoodinitiative.org/news_stories/archives/001016.html Huu-ay-aht First Nation Press Release FOR IMMEDIATE RELEASE Supreme Court Rejects BC Forestry Program as Unconstitutional PORT ALBERNI, BRITISH COLUMBIA - In another major court victory for First Nations, the Huu-ay-aht First Nation (HFN) have received a decision from the Supreme Court of British Columbia which holds that the BC Ministry of Forests program designed to address aboriginal interests on forestry matters fails to meet the Province's constitutional duty to First Nations. The Province had established a program of resource and revenue sharing based upon First Nations' population. The program, called the "Forest and Range Agreement Program", did not consider a First Nation's claim to territory or the extent of forestry operations within that territory. The Court, in its decision released May 10, 2005, rejected the "quick and easy" population based formula contained in the policy, and directed the Province to consider the individual interests of an affected First Nation. The decision sends the Ministry of Forests back to the drawing board. In its decision the Court states: "To fail to consider at all the strength of the claim or degree of infringement represents a complete failure of consultation based on the criteria that are constitutionally required for meaningful consultation. While a population-based approach may be a quick and easy response to the duty to accommodate, it fails to take into account the individual nature of the HFN claim... The government acted incorrectly and must begin anew a proper consultation process based upon consideration of appropriate criteria." The decision is the result of a challenge to provincial policy brought by the Huu-ay-aht First Nation, whose traditional territory is located on the western coast of Vancouver Island. The Huu-ay-aht territory includes some of the richest veins of timber in the country, and from 1940 until present, over 40 million cubic metres of timber has been logged from the area. The logging has claimed a majority of the old growth forest in the territory. The main logging company operating in the territory is Weyerhaeuser (previously MacMillan Bloedel). The Huu-ay-aht have been in negotiations with the Province seeking an agreement that will assist the Huu-ay-aht to participate in the forest economy within its own territory. "This ruling is an important victory for our people. For decades we have watched the timber and revenue flow out of our territory, while our people received few benefits and our land has been decimated." said Chief Robert Dennis of the Huu-ay-aht First Nation, following the Court's seminal decision. "The Court has now told the Provincial government that it must share resources in proportion to what we are losing from our territory. The Province and the logging operators can no longer pretend we don't exist. They can no longer carry on business as usual." The Court characterized the Province's conduct towards the Huu-ay-aht as "intransigent" and found that the government failed to accord the Huu-ay-aht the honourable treatment that the Crown is constitutionally obligated to provide to aboriginal people. For further information contact: Chief Robert Dennis Huu-ay-aht First Nation: 250-723-0100 Greg J. McDade Q.C. Ratcliff & Company: 604-988-5201 Copyright c. 2005 Dogwood Initiative. --------- "RE: Former Residential Students can sue Ottawa" --------- Date: Friday, May 13, 2005 12:26 PM From: Frosty Deere [frostyca2000@yahoo.com] Subj: Former residential students can sue Ottawa Mailing List: Frostys AmerIndian Former residential students can sue Ottawa By TARA BRAUTIGAM TORONTO (CP) - Hundreds of former students of an Ontario native residential school who say they were abused by instructors out to "Christianize" them can go ahead with a class-action lawsuit against the federal government. "It's been a long time but it's a step in the right direction," said Sylvia DeLeary, who says she was a victim of the shocking abuse at the Mohawk Institute near Brantford in the 1940s. Ottawa's request to appeal a previous court ruling allowing the class- action lawsuit was dismissed Thursday by the Supreme Court of Canada. In December, the Ontario Court of Appeal ruled that 800 former pupils of the institute and their children could sue as a group. Lower courts had said they would have to sue individually because their complaints are different. DeLeary said the class-action certification was significant because many of the claimants are aging, live in remote regions and are unable to finance their own lawsuits. "We are not rich people, we can't afford to go individually," DeLeary said. The lawsuit names the federal government, the Anglican Church of Canada's General Synod, the incorporated diocese of Huron and an English charity called the New England Company as defendants. Calls to Deputy Prime Minister Anne McLellan's office were not immediately returned. "We're ecstatic with the decision," Toronto lawyer Darcy Merkur, who represents the plaintiffs, said in an interview. "The decision closes the books on certification of the class action. ... It sets a foundation for other class actions, primarily our proposed national class action, to move forward quickly." The suit, which represents 2,000 complainants and claims $2.3 billion in damages, alleges that the school was rife with fear and brutality, meant to turn native children into Christians. They describe an atmosphere of harsh intimidation, beatings, forced participation in Christian religious activities and excessive punishment for speaking their native languages. "These children went to the schools and they were told they were not allowed to speak their native language," Merkur said. "If they spoke their native language they were usually hit." The suit covers students who attended the school from 1922 to 1969. Most are now in their 60s and older, Merkur said. Some have already died. "A lot of our people have already gone on to the next world," said DeLeary, 70, who now lives in Walpole Island, Ont. "(The federal government) needs to accept responsibility for past actions and compensate people." DeLeary said she witnessed horrific neglect and a glaring absence of adult supervision at the native school. "We were not fed or clothed adequately," she said. The judgment Thursday could have ramifications for similar cases, including a massive national class action being pressed by more than 20 lawyers across Canada. They're seeking $12.5 billion in compensation from Ottawa for 86,000 former students who attended more than 100 residential schools from 1920 to 1996. Just last week, officials said the federal government was working out details on lump-sum payments and new healing programs for all residential school survivors. The plan is expected to be announced by the end of this month. But lawyers for the former students said any proposed settlements should be supervised by the courts. Seven years ago, the Liberal government conceded that abuse was rampant in the once-mandatory network of live-in schools. More than 100,000 aboriginal children over six years of age attended, often against their will, from 1930 until the last one closed its doors outside Regina in 1996. "When you separate children from their parents for years ... it's going to have an impact on how they're going to be able to live a meaningful life," DeLeary said. Lawyers will go to the Ontario Superior Court in early June to set a date for the suit to begin. --------- "RE: Brazilian Chief: Help save Land from `White Man'" --------- Date: Tuesday, May 10, 2005 10:02 PM From: MJ LaBurt Subj: Brazilian chief calls for tools to help save land from 'white man' Mailing List: Sovereign Nations Mailing List: NDNAIM http://www.guardian.co.uk/brazil/story/0,12462,1481115,00.html?gusrc=rss Brazilian chief calls for tools to help save land from 'white man' David Ward The Guardian May 11, 2005 The chief of an Indian village in a remote area of Brazil yesterday unveiled the shopping list of basic equipment that could help him save a traditional way of life almost destroyed by agribusiness and forest clearance. "We are fighting for the survival of our people and our language and culture," said Kuissi, of the Kisedje people, during a visit to the University of Manchester. "We can't say what the future is going to be like." Kuissi and two colleagues have left Brazil for the first time to tell their story in Britain and Germany and explain that just - 60,000 could make all the difference to the lives of their people. The wishlist includes a tractor, a pick-up, a radio, solar equipment, an aluminium boat, an outboard motor and a computer. "We need the money to buy white man's tools to be able to recover the land from the white man's destruction." The Kisedje were first contacted by white explorers in 1959 and moved to protected land in the Xingu Indian Park. But the people were not vaccinated and numbers dropped to 62. The population has now recovered to 378 people, all of them speaking their own language. They are also back on most of their homelands. "We never forgot our village," Kuissi said. "We never imagined that the forest would be destroyed by the white people. We continued to be the owners of the land. We always returned there, to visit, to fetch forage and other material. "But in the meantime the farmers took possession of our land and started to cut down the forest so they could breed cattle. Our deceased relatives are buried here. I had an elder brother who died here and is buried in our village. Even so the white people continued to destroy the forest ... so that they could breed cattle. "We saw the destruction and this made us angry; we revolted against the farmers and started to destroy some of their things. We've been fighting with the farmers and the fishermen for a long time." Now there is a new threat - a dam which will block one of the rivers running into the village. Modern equipment is needed to reclaim land wrecked by white farmers, according to Kuissi. Planned projects include fish farming and honey production and a return to subsistence agriculture. The village leaders have been hosted by the university's centre for Latin American cultural studies and the school of languages, linguistics and cultures with the hel